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02 August 2024 / Ashley Fairbrother , Oliver Fredrickson
Issue: 8082 / Categories: Features , Fraud
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APP fraud: hope for victims?

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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]

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NEWS
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

Jonathan Fisher KC highlights that it now accounts for around 40% of criminal offences, with roughly 70% involving technology, and argues that the UK cannot simply prosecute its way out of the problem. Detection, investigation and prosecution all require improvement, while different fraud types demand tailored responses.

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