Commercial update: No banker's duty to advise customer of harsh terms in its loans
6th July 2016
Does a bank who is negotiating with a customer for a sale of a financial product, owe a common law duty to advise the client about an onerous break clause? Tom Webb analyses a recent decision of the Mercantile Court that considers the scope of a banker’s duty (Fitch v. Lloyds TSB Bank plc [2016] EWHC 1236 (QB)).
Tom is a Commercial Law barrister who regularly advises in business disputes.
Related News
-
3PB’s specialist intellectual property barrister Mark Wilden acted again for, in this case the successful respondent, JJH Enterprises (trading as ValueLicensing), in two appeals brought by Microsoft against decisions of the Competition Appeal Tribunal (CAT) for which judgment was handed down yesterday. ValueLicensing claims that Microsoft stifled the supply of second-hand computer programs and software licences by placing restrictions in the relevant contracts and moving customers from the use of perpetual licences onto a subscription-based...
Continue reading -
Komal Patel (pictured) represented the guardian in F v M & Anor [2026] EWFC 133 (B), a private law children case, in which HHJ Owens delivered a fact-finding judgment concerning allegations of physical and sexual abuse made by a child against her father. Whilst the allegations themselves were serious, the wider significance of the decision lies in the court's examination of professional practice when allegations of abuse are made and, in particular, the continued relevance...
Continue reading -
3PB’s criminal barrister Nate Lara has secured the conviction of JW after a 6-day trial in Winchester Crown Court, involving allegations of attempted rape and assault by penetration, aggravated by JW trespassing and violently assaulting the victim. JW was convicted unanimously of all five counts on the Indictment after Nate's effective cross-examination, which focused the jury's attention on JW's inconsistencies between his evidence, his defence statement and his police interview. This case marks another success...
Continue reading -
3PB Barristers (3 Paper Buildings) was delighted to host The Child Brain Injury Trust's Legal Support Service Partnership event at its Birmingham office. This event was attended by the panel firms that includes Anderson Strathern, Burnetts Solicitors, Sintons, Lime Solicitors, Leigh Day Solicitors, JMW Solicitors, HCC Solicitors, Anthony Collins Soicitors, Fletchers Solicitors, FBC Manby Bowdler, Moore Barlow, Bolt Burdon Kemp, Hodge Jones & Allen, Slater & Gordon Lawyers, Ashtons Legal, Fieldfisher, Enable Law and Hugh...
Continue reading
