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Customs and Excise Commissioners v Barclays Bank Plc [2006]


  • HM Customs and Excise Commissioners ordered Barclays bank to put a freezing injunction upon the accounts of one of their customers to prevent withdrawal of money which had been legal seized for tax evasion
  • Barclays negligently dealt with this request, so the criminal (customer) got his money out and fled


  • Could Barclays be liable for their negligent actions?


  • No liability


  • No duty to stop the owner of his money taking his money, and Barclays did not attempt to ignore a court order
  • The Caparo test shows whether there is an assumption of responsibility, there wasn’t in this case
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