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20 May 2022 / Stephen Gold
Issue: 7979 / Categories: Features , Procedure & practice , Civil way
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Civil way: 20 May 2022

FRAUD VICTIM WIN AGAINST ­BARCLAYS

APP (authorised push payment) fraud. This occurs when the victim instructs their bank to transfer money from their account into an account controlled by the fraudster. It happened in Philipp v Barclays Bank UK PLC [2022] EWCA Civ 318. Some £700,000, representing the bulk of the life savings of the appellant (a music teacher) and her husband (a retired consultant physician), went out in two tranches following the appellant’s visits to separate branches of Barclays. The couple had been duped into believing they were transferring the money into safe accounts in order to protect it from fraud. The appellant claimed against the bank for breach of duty in tort and impliedly under contract or s 13 of the Supply of Goods and Services Act 1982. The claim was struck out on the ground that no duty of care had arisen. The Court of Appeal reversed that decision and there will be a trial.

In Barclays Bank (yes, they have been here before) v Quincecare [1992]

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MOVERS & SHAKERS

Harneys—Maggie Kwok & George Weston

Harneys—Maggie Kwok & George Weston

Harneys senior leadership appointments

Freeths—Keith Browne & Jim Jordan

Freeths—Keith Browne & Jim Jordan

Freeths strengthens London Construction and Engineering practice with two strategic senior hires

Anthony Collins—Laura Moss

Anthony Collins—Laura Moss

Anthony Collins announces strategic hire to deepen skills base in the social business sector

NEWS
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Part-time status need only be an effective cause of less favourable treatment, rather than the sole cause, the Supreme Court has held in Augustine v Data Cars
Britain’s new acknowledgement that Israel’s occupation is unlawful, and accompanying settlement-goods ban and sanctions, is significant but overdue, argue Danny Friedman KC and Victor Kattan in NLJ this week
New planning fee rises, wider trade union access rights and a service-by-email trap feature in Stephen Gold’s latest Civil Way
Existing defamation law can respond to AI ‘hallucinations’, but allocating responsibility will prove harder where outputs reach users without human intervention
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