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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

Bell Yard Kysen—Liz Giles

Bell Yard Kysen—Liz Giles

Bell Yard Kysen appoints senior legal PR and ex-government communications adviser, Liz Giles

Clarke Willmott—Lee Edwards

Clarke Willmott—Lee Edwards

Clarke Willmott boosts Southampton commercial property team with addition of partner Lee Edwards

Lime Solicitors—four promotions

Lime Solicitors—four promotions

Lime Solicitors announces four promotions

NEWS
The Attorney General, Ellie Reeves KC MP, and Solicitor General, Andy Slaughter KC MP, marked the 25th anniversary of Pro Bono Week by joining lawyers, charities, students and parliamentarians at events celebrating voluntary legal work
A polished legal defence may owe more to artificial intelligence than legal merit—and creditors risk paying the price in delay and expense
Witness evidence can be compromised by AI before a solicitor sees the draft, leaving safeguards focused on authorship incomplete
Should a conviction stand when a later ruling reveals that the law underpinning it was wrong? The answer exposes a clash between finality and justice
Possession claims are entering a new digital era, with procedural traps awaiting practitioners who assume familiar rules still govern every step
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