header-logo header-logo

16 September 2020
Issue: 7902 / Categories: Case law , Law digest , In Court
printer mail-detail

Law digests: 18 September 2020

Bank

Stanford International Bank Ltd (in liquidation) v HSBC Bank plc [2020] EWHC 2232 (Ch), [2020] All ER (D) 169 (Jul)

HSBC Bank plc had applied to strike out, or obtain reverse summary judgment under CPR Pt 24 on, two discrete aspects of a claim brought against it by the joint liquidators of Stanford International Bank plc (SIB). The claim alleged: (i) that HSBC had failed in breach of its duty under Barclays Bank plc v Quincecare Ltd [1992] 4 All ER 363 to take sufficient care to see that the monies that were being paid out from accounts under its control were being properly paid out (the Quincecare allegation); and (ii) dishonest assistance in relation to breaches of fiduciary duty by SIB’s ultimate beneficial owner. The Chancery Division held that the allegation of dishonest assistance would be struck out: absent an allegation of targeted suspicion and of a deliberate decision not to look, the copious allegations made against HSBC did not amount, singularly or cumulatively, to allegations that could properly be characterised as allegations of dishonesty. However, the Quincecare allegation would

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

Jurit LLP—Caroline Williams

Jurit LLP—Caroline Williams

Private wealth and tax team welcomes cross-border specialist as consultant

Freeths—Michelle Kirkland Elias

Freeths—Michelle Kirkland Elias

International hospitality and leisure specialist joins corporate team as partner

Flint Bishop—Deborah Niven

Flint Bishop—Deborah Niven

Firm appoints head of intellectual property to drive northern growth

NEWS
Talk of a reserved ‘Welsh seat’ on the Supreme Court is misplaced. In NLJ this week, Professor Graham Zellick KC explains that the Constitutional Reform Act treats ‘England and Wales’ as one jurisdiction, with no statutory Welsh slot
The government’s plan to curb jury trials has sparked ‘jury furore’. Writing in NLJ this week, David Locke, partner at Hill Dickinson, says the rationale is ‘grossly inadequate’
A year after the $1.5bn Bybit heist, crypto fraud is booming—but so is recovery. Writing in NLJ this week, Neil Holloway, founder and CEO of M2 Recovery, warns that scams hit at least $14bn in 2025, fuelled by ‘pig butchering’ cons and AI deepfakes
After Woodcock confirmed no general duty to warn, debate turns to the criminal law. Writing in NLJ this week, Charles Davey of The Barrister Group urges revival of misprision or a modern equivalent
Family courts are tightening control of expert evidence. Writing in NLJ this week, Dr Chris Pamplin says there is ‘no automatic right’ to call experts; attendance must be ‘necessary in the interests of justice’ under FPR Pt 25
back-to-top-scroll