, 8 tweets, 3 min read
1/ Royal Court of Justice this morning for the judgement on JP Morgan's appeal, trying to stymie the Federal Republic of Nigeria's $875m lawsuit over the bank's role in the OPL 245 scandal.
2/ Likely to be just a hand down of the judgement rather than any speeches or argumentation this morning.
3/ The court has unanimously dismissed JP Morgan's appeal. They take no view on the underlying case but rule that the contractual terms don't rule out Nigeria bringing the claim.
Judgement in hand. Well technically only one copy and in the hands of @ECasswell - off to the copying shop.
@ECasswell 4/ The judges ruled on the challenge by JP Morgan that their contract with FRN meant that they could not be sued for a breach of their 'Quincecare' duty of care - owed to a customer when making payments to make proper enquiry into whether they were fraudulent when 'put on notice'
@ECasswell 5/ The judges do note that the facts of the case determine what a bank should do when it it 'put on inquiry'. They noted in this case JP Morgan filed 6 suspicious activity reports with the National Crime Agency.
@ECasswell 6/ On 'Quincecare' people better qualified to explain it than me have written about the duty in the context of this case. finance-disputes.co.uk/2019/03/court-…
@ECasswell 7/ The judges conclude: "I have formed no view as to the overall merits of the FRN's claim but there is nothing in the terms of the depository agreement which entitles Morgan chase to bring the proceedings to an end at this state"
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