Bank Notes

I - Incorporation of terms

1/3/24

PARKER-GRENNAN v CAMELOT UK LOTTERIES LTD [2024] EWCA Civ 185

Considers principles for the incorporation of contract terms when a consumer deals with an online trader and accepts terms and conditions by ticking a box and clicking to confirm (so-called click-wrap). None of the terms were of such an unusual nature as to require sign-posting and the judge had been entitled to find that the defendant had done enough to draw the terms and conditions to the claimant’s notice.

11/4/14

PRIMARY GROUP (UK) LTD v ROYAL BANK OF SCOTLAND PLC [2014] EWHC 1082 (Ch)

By disclosing to an associated company a report into its customer’s affairs, the bank had breach its duty of confidentiality. But damages were limited to £5,000 because of the limited use made of the report. Refers to the need to prefer documentary evidence to witness recollection [20]. Contains useful summaries of the principles of incorporation of contract terms [176], collateral assurances [179], the banker’s duty of confidentiality [180], assessment of damages for breach of confidence [181] and the court’s discretion to refuse an inquiry as to damages [194].