Source: All England Reporter
Publisher Citation: [2012] All ER (D) 33 (Nov)
Neutral Citation: [2012] EWHC 3093 (Comm)
Court: Queen's Bench Division, Commercial Court

Flaux J

Representation Tim Lord QC and Farhaz Khan (instructed by CYK Law) for the claimants.
  Adrian Beltrami QC and Richard Hanke (instructed by Clifford Chance) for the bank.
Judgment Dates: 29 October 2012


Particulars of claim - Amendment - Application to amend - Claim arising out of alleged fraudulent misrepresentations made by defendant bank - Claimants seeking to amend particulars of claim to allow claim in deceit - Whether any basis for concluding that implied representations occurring - Whether obvious to people alleged to have had relevant knowledge that representations were being made and were false - Whether authority or authorisation to make representations uncertain.

The Case

Particulars of claim Amendment. The instant proceedings arose from a claim concerning Barclay's bank's alleged making of false representations in respect of LIBOR. The claimants sought permission to amend their particulars of claim to plead implied representations or, alternatively, implied terms. The Commercial Court of the Queen's Bench Division held that, on the evidence, the permission sought would be granted.

Practice Areas

If you are a LexisLibrary subscriber you can read more about this case here.