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Contact

Contact with chambers should be made through the Practice Management Team. They are happy to discuss client requirements and provide further information on such matters as the expertise and experience of individual members, fees, working practices and languages spoken. We have members able to work in French, German, Italian, Spanish, Dutch, Swedish, Greek and Chinese (Mandarin).

Outside working hours, a member of our team is always available to be contacted on matters of an urgent nature. Contact should be made using the Chambers main number or email.

To contact our Singapore office, please contact our BD Director, Asia, Rachel Foxton. Out of office hours calls will automatically be diverted to our clerking team in London.

London

20 Essex Street
London
WC2R 3AL

enquiries@twentyessex.com
t: +44 20 7842 1200
DX 0009 Lond/Chan Lane

Singapore

28 Maxwell Road
#02-03
Maxwell Chambers Suites
Singapore 069120

singapore@twentyessex.com
t: +65 62257230

Contact

Contact with chambers should be made through the Practice Management Team. They are happy to discuss client requirements and provide further information on such matters as the expertise and experience of individual members, fees, working practices and languages spoken. We have members able to work in French, German, Italian, Spanish, Dutch, Swedish, Greek and Chinese (Mandarin).

Outside working hours, a member of our team is always available to be contacted on matters of an urgent nature. Contact should be made using the Chambers main number or email.

To contact our Singapore office, please contact our BD Director, Asia, Rachel Foxton. Out of office hours calls will automatically be diverted to our clerking team in London.

London

20 Essex Street
London
WC2R 3AL

enquiries@twentyessex.com
t: +44 20 7842 1200
DX 0009 Lond/Chan Lane

Singapore

28 Maxwell Road
#02-03
Maxwell Chambers Suites
Singapore 069120

singapore@twentyessex.com
t: +65 62257230

23/11/2020

Fraud victim permitted to use Norwich Pharmacal/Bankers Trust disclosure for claims against disclosing bank

I.F.T. S.A.L. Offshore v Barclays Bank UK Plc [2020] EWHC 3125 (Comm)

This case concerned an authorised push payment fraud where the victim of the fraud had obtained disclosure from the fraudster’s bank under the Norwich Pharmacal and Bankers Trust jurisdictions in order to pursue the fraudsters. It having become apparent that the prospects of recovery from the fraudsters were low, and that there was a case against the bank, the client sought permission to use the bank’s disclosure to bring a claim against the bank (having undertook not to do so without the Court’s permission).

The bank resisted, including on the basis that to grant permission would set a precedent for Norwich Pharmacal/Bankers Trust applicants to pursue banks if their claims against the primary wrongdoers were unsuccessful. The bank argued that this would facilitate the bringing of speculative cases against banks by the victims of fraud, putting the banks to expense and expenditure of time and encouraging banks to oppose applications for Norwich Pharmacal/Bankers Trust relief. The Court did not find this argument to be persuasive, finding that such an approach would increase costs and the better way to discourage hopeless claims was to seek strike out and/or summary judgment once they are issued.

In a welcome comment for victims of fraud, the judgment also notes the need probably to take the existing authorities to the Supreme Court in relation to claims involving the common law duty of care and statutory duties owed by banks to persons other than the bank’s own customers.

Matthew McGhee is instructed by Jon Felce at PCB Litigation LLP for the Claimant.

Read the full judgment

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Matthew McGhee
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