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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

WSP Solicitors—David Ashcroft & Jessica O’Shea

WSP Solicitors—David Ashcroft & Jessica O’Shea

Commercial property and child law teams expand with senior hires

Duxton Hill Chambers—Lucas Bastin KC & Joshua Hiew

Duxton Hill Chambers—Lucas Bastin KC & Joshua Hiew

Set expands London and Singapore offering with senior international disputes hires

Gilson Gray—Gregor Duthie & Stephen Forsyth

Gilson Gray—Gregor Duthie & Stephen Forsyth

Firm strengthens real estate and litigation teams with partner promotions

NEWS
Behind the profession’s polished exterior, lawyers are ‘internally drained rather than physically tired’, according to a stark assessment of burnout in legal practice
Five years after the Domestic Abuse Act 2021 came into force, concerns remain that the family courts continue to minimise allegations of abuse in child contact disputes
Uber has built a formidable strategy for insulating itself from liability for drivers’ conduct, but the legal terrain differs sharply between the US and England and Wales
The House of Lords (Hereditary Peers) Act 2026 marks a constitutional watershed by severing the centuries-old link between hereditary titles and automatic membership of the upper chamber
The Civil Justice Council’s review of Part III of the Solicitors Act 1974 could mark the end of what one commentator calls an ‘outdated’ and overly technical regime governing solicitor-client fee disputes
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