The claimant sought damages from the respondent bank for negligence in the arrangements to loan money to her for the development of property. The loan was completed despite the absence of confirmation of insurance. The development was halted when structural damage was found. The borrowings spiraled out of control. She alleged that the bank had failed to disclose the defects discovered. Had the bank taken on a duty in advising her to change insurers, and thus assuming the duties of a broker, which it then failed. The bank appealed.
Held: The claim of a duty of care was not properly pleaded, nor supported in evidence. The appeal must be allowed.
Citations:
[2002] EWCA Civ 667
Links:
Jurisdiction:
England and Wales
Banking, Professional Negligence
Updated: 29 August 2022; Ref: scu.172237