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The hearing was a preliminary one before the House of Lords to determine whether the Liquidators' claim was bound to fail without the need for a trial, and today's judgments expressed no view on whether the Bank committed misfeasance or on the merits of the Liquidators' claim.
Published on
22 March 2001
Last year the House of Lords threw out the Liquidators' European law claim and rejected their attempt to water down the legal test for misfeasance set by the Court below. It is that high test that the Liquidators will now have to satisfy at trial.