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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

Birketts—trainee cohort

Birketts—trainee cohort

Firm welcomes new cohort of 29 trainee solicitors for 2025

Keoghs—four appointments

Keoghs—four appointments

Four partner hires expand legal expertise in Scotland and Northern Ireland

Brabners—Ben Lamb

Brabners—Ben Lamb

Real estate team in Yorkshire welcomes new partner

NEWS
Robert Taylor of 360 Law Services warns in this week's NLJ that adoption of artificial intelligence (AI) risks entrenching disadvantage for SME law firms, unless tools are tailored to their needs
The Court of Protection has ruled in Macpherson v Sunderland City Council that capacity must be presumed unless clearly rebutted. In this week's NLJ, Sam Karim KC and Sophie Hurst of Kings Chambers dissect the judgment and set out practical guidance for advisers faced with issues relating to retrospective capacity and/or assessments without an examination
Delays and dysfunction continue to mount in the county court, as revealed in a scathing Justice Committee report and under discussion this week by NLJ columnist Professor Dominic Regan of City Law School. Bulk claims—especially from private parking firms—are overwhelming the system, with 8,000 cases filed weekly
Charles Pigott of Mills & Reeve charts the turbulent progress of the Employment Rights Bill through the House of Lords, in this week's NLJ
From oligarchs to cosmetic clinics, strategic lawsuits against public participation (SLAPPs) target journalists, activists and ordinary citizens with intimidating legal tactics. Writing in NLJ this week, Sadie Whittam of Lancaster University explores the weaponisation of litigation to silence critics
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