Chudley and others Clydesdale Bank plc (trading as Yorkshire Bank)

Bank – Account. The proceedings arose from the appellants' investment in a property development scheme that had failed as a result of fraud and the insolvency of the property development promoter. The judge had erred, among other things, in holding that the letter of instruction from the property development promoter to the respondent bank, relating to the opening of a bank account for the property development scheme, was not a concluded and unconditional contract. Accordingly, the Court of Appeal, Civil Division, allowed the appellants' appeal and held that they were entitled to recover their pleaded losses as damages, pursuant to the Contracts (Rights of Third Parties) Act 1999, for the bank's breach of contract.

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