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Civil way: 20 May 2022

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

CBI South-East Council—Mike Wilson

CBI South-East Council—Mike Wilson

Blake Morgan managing partner appointed chair of CBI South-East Council

Birketts—Phillippa O’Neill

Birketts—Phillippa O’Neill

Commercial dispute resolution team welcomes partner in Cambridge

Charles Russell Speechlys—Matthew Griffin

Charles Russell Speechlys—Matthew Griffin

Firm strengthens international funds capability with senior hire

NEWS
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Generative AI isn’t the villain of the courtroom—it’s the misunderstanding of it that’s dangerous, argues Dr Alan Ma of Birmingham City University and the Birmingham Law Society in this week's NLJ
James Naylor of Naylor Solicitors dissects the government’s plan to outlaw upward-only rent review (UORR) clauses in new commercial leases under Schedule 31 of the English Devolution and Community Empowerment Bill, in this week's NLJ. The reform, he explains, marks a seismic shift in landlord-tenant power dynamics: rents will no longer rise inexorably, and tenants gain statutory caps and procedural rights
Writing in NLJ this week, James Harrison and Jenna Coad of Penningtons Manches Cooper chart the Privy Council’s demolition of the long-standing ‘shareholder rule’ in Jardine Strategic v Oasis Investments
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