In this article the author highlights the difference between on the one hand a bank owing a duty of investigation or inquiry to their customer, and on the other hand only being subject to any such duty when particular circumstances put the bank “on inquiry” that a payment instruction is an attempt to misappropriate the customer’s funds.
10 JAN 2026In this article, Ian Bergson considers the question when, if ever, an account of profits will be ordered in a commercial banking claim, in light of the recent Commercial Court decision in ECU Group plc v HSBC Bank plc [2021] EWHC 2875 (Comm).
1 NOV 2022