header-logo header-logo

Any protection against authorised push payment fraud?

132288
The Supreme Court has not rescued consumers who are the victims of APP fraud, but neither has it left them wholly unprotected: Michael Brown, Charlie Shillito & David McIlroy report on the judgment in Philipp v Barclays Bank
  • The Supreme Court has held the Quincecare duty does not apply to victims of authorised push payment (APP) fraud.
  • There is limited protection for such victims at common law.
  • It is now over to Parliament and regulators to pick up the gauntlet.

The Supreme Court recently reversed the Court of Appeal’s decision in Philipp v Barclays Bank UK plc [2023] UKSC 25, [2023] All ER (D) 53 (Jul). This case centred around liability for losses sustained by bank customers through authorised push payment (APP) fraud; a fraud in which victims are tricked into authorising payments from their bank accounts to an account controlled by the fraudster, often in the belief (induced by the fraudster) that the destination account is

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

Shakespeare Martineau—David Vaughan

Shakespeare Martineau—David Vaughan

Shakespeare Martineau appoints new London office head as firm continues investment in capital

Browne Jacobson—Kevin Moore

Browne Jacobson—Kevin Moore

Browne Jacobson strengthens All-Island life sciences platform with appointment of leading Galway MedTech lawyer

Clarke Willmott—Latitude Law

Clarke Willmott—Latitude Law

National law firm strengthens commercial offering with acquisition of leading immigration practice

NEWS
Mr Justice Nicklin’s decision to order costs on an indemnity basis may be a ‘significant win’ but it’s still ‘far from game, set and match’ for Associated Newspapers, a former costs judge has said
The Law Society RFC Festival of Sport returns next month, bringing together legal and financial services professionals for one of the sector’s largest annual sporting events
Legal aid deserts leave almost one in four without adequate access to justice
The Solicitors Regulation Authority (SRA) has warned solicitors and law firms that using artificial intelligence does not alter their professional obligations, amid concerns over inaccurate legal material and client confidentiality
From forgotten interest claims to case-management appeals, a string of procedural developments offers useful—and occasionally cautionary—lessons for practitioners
back-to-top-scroll