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Practice – Pre-trial or post-judgment relief. The Mercantile Court held that there here was no real prospect of the claimant succeeding in its proposed amendment claim in relation to pleading that a contract arose between it and the defendant bank such that the defendant owed the claimant a duty to conduct a review in accordance with the specification it had agreed with the FSA. There was however merit in the claimant's tort claim and therefore and on that basis permission to amend would be given.
Practice – Pre-trial or post-judgment relief. The Mercantile Court held that there here was no real prospect of the claimant succeeding in its proposed amendment claim in relation to pleading that a contract arose between it and the defendant bank such that the defendant owed the claimant a duty to conduct a review in accordance with the specification it had agreed with the FSA. There was however merit in the claimant's tort claim and therefore and on that basis permission to amend would be given.
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