Legal Era

International arbitration lawyer Gautam Bhattacharyya and former associate Philippa Beasley have authored a follow-up article on the Quincecare duty of care for Legal Era, a leading Indian media platform. This article follows their March chapter on the same subject, “Renewed interest in Quincecare duty of care in claims against banks.”

In the March 2022 edition, the duo reviewed a number of decisions in the English courts, illustrating the renewed interest in the applicability of the Quincecare duty of care in claims against banks. The Quincecare duty was first articulated by Steyn J (as he then was) in Barclays Bank v. Quincecare Limited [1992] 4 All ER 363. The uptick in cases considering these legal principles, after a considerable fallow period, has arisen as a consequence of the noticeable rise in claims against banks due to an increase in frauds of different types orchestrated by fraudsters where banks have been used as vehicles to perpetrate those frauds.

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