header-logo header-logo

02 August 2024 / Ashley Fairbrother , Oliver Fredrickson
Issue: 8082 / Categories: Features , Fraud
printer mail-detail

APP fraud: hope for victims?

184288
Ashley Fairbrother & Oliver Fredrickson examine recent developments that may improve the outlook for victims of APP fraud
  • Three recent High Court decisions appear to have re-opened the door for victims of APP fraud.
  • In each case, a victim of APP fraud brought a claim against the recipient banks and, in all three cases, the banks’ application for summary judgment was unsuccessful.
  • The cases will now proceed to trial on the grounds of unjust enrichment, dishonest assistance, and the duty to recover and/or retrieve stolen funds.

In 2023, there were a staggering 232,429 reported cases of authorised push payment (APP) fraud in the United Kingdom, causing some £459.7m of loss to victims. As APP fraud has increased in recent years, it has become a regrettable trend for victims to remain out of pocket after the investigation has concluded.

This article follows the journey of APP fraud litigation over the past five years. In particular, it highlights three recent cases—Larsson v Revolut Ltd [2024] EWHC 1287 (Ch), [2024]

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

Walkers—Muriel Marseille

Walkers—Muriel Marseille

Ashurst's Chief Risk Officer joins Walkers

Excello Law—John Osborne

Excello Law—John Osborne

Northern family lawyer John Osborne joins Excello

mfg Solicitors—Rebecca Rogers, Kennedy Langley & Victoria Griffiths

mfg Solicitors—Rebecca Rogers, Kennedy Langley & Victoria Griffiths

Trio of promotions announced at Kidderminster law firm mfg Solicitors

NEWS
A sole director can conspire with their own company for the purposes of the tort of unlawful means conspiracy, the High Court has ruled in a judgment with potentially wide implications for business disputes
The Court of Appeal has reinforced that domicile depends on intention rather than residence alone, in a significant post-Brexit ruling on cross-border financial remedy claims
The Chancery Division's long history comes to an end this autumn as it is reborn as the Business and Property Division, prompting questions over whether the shake-up is really necessary
The Financial Conduct Authority (FCA) continues to show that failing to disclose regulatory issues can attract harsher consequences than the original misconduct itself
Rejecting a generous settlement can prove an expensive mistake, as two recent high-profile cases demonstrate
back-to-top-scroll