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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

Weightmans—Elborne Mitchell & Myton Law

Weightmans—Elborne Mitchell & Myton Law

Firm expands in London and Leeds with dual merger

Boodle Hatfield—Clare Pooley & Michael Duffy

Boodle Hatfield—Clare Pooley & Michael Duffy

Private wealth and real estate firmpromotes two to partner and five to senior associate

Constantine Law—James Baker & Julie Goodway

Constantine Law—James Baker & Julie Goodway

Agile firm expands employment team with two partner hires

NEWS

From blockbuster judgments to procedural shake-ups, the courts are busy reshaping litigation practice. Writing in NLJ this week, Professor Dominic Regan of City Law School hails the Court of Appeal's 'exquisite judgment’ in Mazur restoring the role of supervised non-qualified staff, and highlights a ‘mammoth’ damages ruling likened to War and Peace, alongside guidance on medical reporting fees, where a pragmatic 25% uplift was imposed

Momentum is building behind proposals to restrict children’s access to social media—but the legal and practical challenges are formidable. In NLJ this week, Nick Smallwood of Mills & Reeve examines global moves, including Australia’s under-16 ban and the UK's consultation
Reforms designed to rebalance landlord-tenant relations may instead penalise leaseholders themselves. In this week's NLJ, Mike Somekh of The Freehold Collective warns that the Leasehold and Freehold Reform Act 2024 risks creating an ‘underclass’ of resident-controlled freehold companies
Timing is everything—and the Court of Appeal has delivered clarity on when proceedings are ‘brought’. In his latest 'Civil way' column for NLJ, Stephen Gold explains that a claim is issued for limitation purposes when the claim form is delivered to the court, even if fees are underpaid
The traditional ‘single, intensive day’ of financial dispute resolution (FDR) may be due for a rethink. Writing in NLJ this week, Rachel Frost-Smith and Lauren Guiler of Birketts propose a ‘split FDR’ model, separating judicial evaluation from negotiation
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