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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

NLJ Career Profile: Stephen Ward, The Barrister Group

NLJ Career Profile: Stephen Ward, The Barrister Group

From mowing lawns to life at the Bar: Stephen Ward reflects on an unconventional career

Clarke Willmott—Ben Loosemore

Clarke Willmott—Ben Loosemore

Commercial property partner joins Clarke Willmott in Southampton

Ellisons—Robert Tiffen

Ellisons—Robert Tiffen

Robert Tiffen joins Ellisons as Partner in growing Norwich office

NEWS
The Law Society RFC Festival of Sport returns next month, bringing together legal and financial services professionals for one of the sector’s largest annual sporting events
Legal aid deserts leave almost one in four without adequate access to justice
The Solicitors Regulation Authority (SRA) has warned solicitors and law firms that using artificial intelligence does not alter their professional obligations, amid concerns over inaccurate legal material and client confidentiality
From forgotten interest claims to case-management appeals, a string of procedural developments offers useful—and occasionally cautionary—lessons for practitioners

Jonathan Fisher KC highlights that it now accounts for around 40% of criminal offences, with roughly 70% involving technology, and argues that the UK cannot simply prosecute its way out of the problem. Detection, investigation and prosecution all require improvement, while different fraud types demand tailored responses.

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