header-logo header-logo

16 October 2009 / Roger Porkess , Stephen Mason
Issue: 7389 / Categories: Opinion , Banking
printer mail-detail

Chip & pin fallacies

Recent cases have raised questions about the safety of chip and pin cards from fraudulent attack, for example by cloning. Typically, in such cases, the claimant is an individual whose account has been debited as a result of one or more allegedly unauthorised card transactions; the defendant is a bank or building society.

Recent cases have raised questions about the safety of chip and pin cards from fraudulent attack, for example by cloning.

Typically, in such cases, the claimant is an individual whose account has been debited as a result of one or more allegedly unauthorised card transactions; the defendant is a bank or building society.

A common counterclaim for damages for breach of contract is that the claimant did not observe the security conditions attached to the card and so made it possible for it to be used fraudulently.

In such cases, at least one disputed transaction has taken place. The question before a court is which of four possible explanations is the most likely, although they may not all

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

Boodle Hatfield—Tom McLaughlin

Boodle Hatfield—Tom McLaughlin

Boodle Hatfield welcomes new employment partner, Tom McLaughlin

Arc Pensions Law—Victoria Thompson-Hill, Jonathan Mason & Georgi Ivanov

Arc Pensions Law—Victoria Thompson-Hill, Jonathan Mason & Georgi Ivanov

National specialist pensions law firm strengthens team with three new appointments

Jurit—Christian Abletshauser

Jurit—Christian Abletshauser

Jurit appoints Christian Abletshauser to lead family law practice

NEWS
Burges Salmon appoints Benn Richards to strengthen Contentious Insolvency offering
A High Court decision has clarified that a home may be unfit for human habitation not only where conditions endanger health or safety, but also where they seriously undermine comfort and convenience

A longer time limit for employment tribunal claims, new charity law thresholds, property tribunal recruitment and appellate guidance on small-claims costs feature in the latest Civil Way round-up

A recent High Court ruling could make issue estoppel considerably more complex in cross-border litigation, requiring parties to consider the foreign law governing the underlying claim
The Supreme Court has overturned Cheshire West’s bright-line test for deprivation of liberty, replacing it with a broader, more contextual assessment that gives greater weight to an individual’s wishes, feelings and apparent consent
back-to-top-scroll