Court of Appeal
Chudley and others
v
Clydesdale Bank plc (trading as Yorkshire Bank)
[2019] EWCA Civ 344
2019 Feb 20, 21; March 6
Longmore, Flaux, Moylan LJJ
ContractTermsConstructionApparently binding unconditional contractWhether subject to condition precedentBurden of proving existence of such condition precedent
ContractThird party rightsBenefit to third partyContract between bank and investment company for opening of account to hold funds invested by company’s clientsWhether clients entitled to enforce contract in their own rightWhether contract purporting to confer benefit on clientsWhether clients identified in contract Contracts (Rights of Third Parties) Act 1999 (c 31), s 1(1)(b)(3)
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