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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