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NLJ this week: APP fraud & how banks should respond

24 May 2024
Issue: 8072 / Categories: Legal News , Fraud , Financial services litigation
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A recent decision (although subject to appeal) offers hope for victims of authorised push payment (APP) fraud

In this week’s NLJ, Jon Felce and Rosie Wild, partners at Cooke, Young & Keidan, explain the ruling and its implications, including what steps payment service providers should be taking in response.

The case in question is CCP Graduate School Ltd v National Bank Plc and another company. CCP was tricked into sending money to fraudsters, and turned to her bank for redress. Was a Quincecare duty owed? The facts have some similarities to those in Philipp v Barclays Bank.

Felce and Wild write: ‘Assuming a duty is found to exist, financial institutions will be interested particularly in the scope of that duty and what steps reasonably should be taken by them, including whether that extends beyond any system of indemnification found to exist.’

MOVERS & SHAKERS

Clarke Willmott—Declan Goodwin & Elinor Owen

Clarke Willmott—Declan Goodwin & Elinor Owen

Corporate and commercial teams in Cardiff boosted by dual partner hire

Hill Dickinson—Joz Coetzer & Marc Naidoo

Hill Dickinson—Joz Coetzer & Marc Naidoo

London hires to lead UK launch of international finance team

Switalskis—11 promotions

Switalskis—11 promotions

Firm marks start of year with firmwide promotions round

NEWS
Regulators differed in the clarity and consistency of their post-Mazur advice and guidance, according to an interim report by the Legal Services Board (LSB)
The next generation is inheriting more than assets—it is inheriting complexity. Writing in NLJ this week, experts from Penningtons Manches Cooper chart how global mobility, blended families and evolving values are reshaping private wealth advice
Artificial intelligence (AI) is rapidly transforming sport, from recruitment and training to officiating and fan engagement. Writing in NLJ this week, Professor Dr Ian Blackshaw of Valloni Attorneys at Law explains how AI now influences everything from injury prevention to tactical decisions, with clubs using tools such as ‘TacticAI’ to gain competitive edges
The Solicitors Act 1974 may still underpin legal regulation, but its age is increasingly showing. Writing in NLJ this week, Victoria Morrison-Hughes of the Association of Costs Lawyers argues that the Act is ‘out of step with modern consumer law’ and actively deters fairness
A Competition Appeal Tribunal (CAT) ruling has reopened debate on the availability of ‘user damages’ in competition claims. Writing in NLJ this week, Edward Nyman of Hausfeld explains how the CAT allowed Dr Liza Lovdahl Gormsen’s alternative damages case against Meta to proceed, rejecting arguments that such damages are barred in competition law
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