Global InformationBarclays Bank plc v Quincecare Ltd information
| Barclays Bank plc v Quincecare Ltd | |
|---|---|
 | |
| Court | High Court |
| Decided | 24 February 1988 |
| Citation | [1992] 4 All ER 363 |
| Court membership | |
| Judge sitting | Steyn J |
| Keywords | |
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Barclays Bank plc v Quincecare Ltd [1992] 4 All ER 363 is a judicial decision of High Court of Justice of England and Wales in relation to the banker-customer relationship, and in particular in connection with the bank's duties in relation to payment instructions from a customer's agent or purported agent which give rise, or ought to give rise, to a suspicion of fraud.[1][2]
Although the decision is cited most frequently in relation to the potential liability of a bank to their customer, in the case itself the bank was a claimant, and the customer and its guarantor were seeking to defend their own liability on the basis of the bank's breach of duty.
The decision attracted much comment, and the duty of banks outlined in the decision has come to be referred to as the Quincecare duty.[3][4]
Although the case was decided in February 1988, it was not subsequently reported in any of the major law reports until 1992, and even then it was reported solely in the All England Law Reports and none of the official law reports. However the significance of the case was recognised by the judiciary much earlier; shortly after the decision was handed down it was extensively cited with approval by the Court of Appeal in Lipkin Gorman (a Firm) v Karpnale Ltd [1989] 1 WLR 1340 (overturned by the House of Lords on other grounds).[1] However, it was criticised and effectively overruled by the Supreme Court in Philipp v Barclays Bank UK PLC [2023] UKSC 25.[5]
- ^ a b "Barclays Bank plc v Quincecare Ltd". swarb.co.uk. Retrieved 13 March 2018.
- ^ E.P. Ellinger; E. Lomnicka; C. Hare (2011). Ellinger's Modern Banking Law (5th ed.). Oxford University Press. p. 154. ISBN 9780199232093.
- ^ Timothy Sherwin. "The banker's duty of care for fraudulent payments" (PDF). Butteworths Journal of International Banking and Financial Law. Retrieved 13 March 2018.
- ^ "Bank liable for breach of Quincecare duty". Lexology. Retrieved 13 March 2018.
- ^ Supreme Court judgement at Bailli, 12 July 2023 (retrieved 1 August 2023)