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28 July 2023
Issue: 8035 / Categories: Legal News , Fraud , Banking , Financial services litigation , Cybercrime
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NLJ this week: Quincecare recast & protections for banking consumers

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The much-anticipated ruling of the Supreme Court in Philipp v Barclays Bank, which overturned the Court of Appeal’s decision, is discussed from the perspective of consumer safeguarding, in this week’s NLJ

The court held the Quincecare duty does not apply to victims of authorised push payment fraud (where victims are tricked into authorising payments to an account controlled by fraudsters).

While the court did not rescue the victims, however, it did not leave them wholly unprotected.

Penningtons Manches partner Michael Brown and senior associate Charlie Shillito, and Forum Chambers’ David McIlroy acted on behalf of the Consumers’ Association, which intervened in the case. In this article, they report on the case, and on the ‘reformulated and narrowed’ application of the Quincecare duty.

They set out the protections and potential remedies for consumers caught up in similar frauds, and the duties incumbent on banks—find out more here.

MOVERS & SHAKERS

Womble Bond Dickinson—Paula Myers

Womble Bond Dickinson—Paula Myers

Womble Bond Dickinson appoints Paula Myers to private capital team in Leeds

mfg Solicitors—five promotions

mfg Solicitors—five promotions

Law firm mfg Solicitors announces five promotions at Birmingham office

Brabners—six promotions

Brabners—six promotions

Brabners adds six to partnership in record year for partner promotions

NEWS
Calls to raise the age of criminal responsibility from 10 to 14 have been renewed, with the Bar Council arguing the current threshold criminalises children too early and risks pushing them towards lifelong offending
The legal profession's AI challenge extends far beyond fabricated case citations, according to a warning about the next phase of technological risk
Law firms should use the transition period before the Financial Conduct Authority (FCA) assumes anti-money laundering (AML) supervision to strengthen governance and compliance, experts have warned
Cross-border disputes increasingly demand creative approaches to gathering evidence, with litigators needing to look beyond traditional letters of request
A Court of Appeal ruling has clarified the distinction between contracts of 'indefinite' and 'perpetual' duration, with potentially significant implications for commercial drafting
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