Banca Nazionale del Lavoro SPA v Playboy Club London Ltd & Ors [2018]

Banca Nazionale del Lavoro SPA v Playboy Club London Ltd & Ors [2018] UKSC 43 — 26 July 2018 (Lady Hale, Mance, Sumption, Reed, Briggs LLJ)

“The Supreme Court dismissed Playboy Club's appeal in a case about a negligent credit reference for GBP1.6m supplied by BNL for its customer. As was the Club's practice, in order to conceal the gambling purpose, the reference was to be supplied directly to the Club's associated company, Burlington. Relying on the reference, the Club offered a substantial cash facility to its member, who subsequently defaulted. The Club (being the party who had suffered the loss) proceeded against BNL in tort, on the basis of a breach of duty of care. The Supreme Court upheld BNL's defence, ruling that it owed no duty of care to an undisclosed principal who was neither identified nor identifiable.”

Antonino Cordopatri
E. G. Arghyrakis & Co.
05th September 2018