Bank references: UK Supreme Court rules on liability to an undisclosed principal

Written By

louise lanzkron Module
Louise Lanzkron

Dispute Resolution Knowledge & Development Lawyer
UK

I am the knowledge and development lawyer in our London International Dispute Resolution team. I play a key role in keeping my colleagues updated so that they are at the forefront of legal developments, trends and case law in the litigation and international arbitration arenas for the benefit of our clients.

In this article, Michael Brown, Matthew Pack and Louise Lanzkron analyse the implications of a recent UK Supreme Court decision on liability to an undisclosed principal

While acknowledging that the principle established in Hedley Byrne v Heller is capable of incremental development, the Supreme Court refused to extend it to a case where a bank provided a reference to an agent and the bank had no knowledge of that agent’s undisclosed principal ([1964] AC 465; Banca Nazionale del Lavoro SpA v Playboy Club London Limited and others [2018] UKSC 43). As a result, the bank was not liable to the undisclosed principal for negligent misstatement in tort.

Read the full article >

This article first appeared in the September 2018 issue of PLC Magazine http://uk.practicallaw.com/resources/uk-publications/plc-magazine

Latest insights

More Insights
featured image

Employment Litigation in Singapore: Employees Can Double-Strike with Employment Claims Tribunal Win Followed by High Court Claim

4 minutes Jul 11 2025

Read More
featured image

The 2019 HCCH Judgments Convention has come into force in the UK – an easy road ahead for the enforcement of foreign judgments?

6 minutes Jul 10 2025

Read More
Curiosity line blue background

International Dispute Resolution team authored key content for Lexology Panoramic: Dispute Resolution 2025

1 minute Jul 08 2025

Read More