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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

Harneys—Maggie Kwok & George Weston

Harneys—Maggie Kwok & George Weston

Harneys senior leadership appointments

Freeths—Keith Browne & Jim Jordan

Freeths—Keith Browne & Jim Jordan

Freeths strengthens London Construction and Engineering practice with two strategic senior hires

Anthony Collins—Laura Moss

Anthony Collins—Laura Moss

Anthony Collins announces strategic hire to deepen skills base in the social business sector

NEWS
More than 100 teams from the legal and financial services sectors competed in five sports at the 51st Law Society RFC Festival of Sport earlier this month
Part-time status need only be an effective cause of less favourable treatment, rather than the sole cause, the Supreme Court has held in Augustine v Data Cars
Britain’s new acknowledgement that Israel’s occupation is unlawful, and accompanying settlement-goods ban and sanctions, is significant but overdue, argue Danny Friedman KC and Victor Kattan in NLJ this week
New planning fee rises, wider trade union access rights and a service-by-email trap feature in Stephen Gold’s latest Civil Way
Existing defamation law can respond to AI ‘hallucinations’, but allocating responsibility will prove harder where outputs reach users without human intervention
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