Primeo Fund v Bank of Bermuda

01/12/23

On the same day that the Supreme Court handed down Canada Square Operations Ltd v Potter [2023] UKSC 41, the Judicial Committee of the Privy Council (made up of the same panel) also handed down Primeo Fund (in Official Liquidation) v Bank of Bermuda (Cayman) Ltd and another [2023] UKPC 40.

Thomas Phillips looks at the JCPC’s re-statement of the availability of contributory negligence as a partial defence to claims brought concurrently in contract and in tort (for breach of duty of a care) in circumstances where negligence is an essential ingredient of both causes of action.

Please click below to read the full case note.