header-logo header-logo

10 July 2009 / Stephen Mason
Issue: 7377 / Categories: Opinion , Banking
printer mail-detail

When the chips are down

The bank, the PIN & the ATM, by Stephen Mason

The ATM and plastic card have become central to our lives, yet the technology is not perfect. Should the bank refuse to accept withdrawals were the result of the actions of a thief, the customer’s only option may be to take legal action to recover their money. This happened to Mr Job, and although a number of commentators considered this trial to be a test case, the judge made it clear that this was not. Nevertheless it was a highly unusual case. For instance, there is extensive case law in Germany, comprising decisions by courts of first instance and appellate courts in relation to PINs and ATMs, yet the case of Job appears to be the first case of its kind in the United Kingdom that has gone to trial.

The facts

Seven cash withdrawals totalling £2,100 were withdrawn from Mr Job’s account in February 2006 by way of two ATMs in Reading. Mr Job said he did not make the withdrawals,

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

DWF—David Abbott & Claire Keat

DWF—David Abbott & Claire Keat

Senior appointments in insurance services and commercial services announced

Ellisons—Marion Knocker

Ellisons—Marion Knocker

Residential property lawyer promoted to partnership

Devonshires—Nikki Bowker

Devonshires—Nikki Bowker

Firm promotes partner to head of litigation and dispute resolution

NEWS
Prosecutors will speed up preparations for charging hate crimes, under Crown Prosecution Service (CPS) guidance issued in response to the surge in antisemitic incidents
Improvements to courts, tribunals and the wider justice system in the north are being held back by a lack of national and local collaboration, according to thinktank JUSTICE North
A family judge has criticised the prison authorities for mistakenly freeing a father who abducted his own son
The Law Society has renewed its calls for compensation for legal aid firms affected by the cyber-attack on the Legal Aid Agency (LAA)
The Serious Fraud Office (SFO) has secured a £10m penalty plus £4.8m in costs from manufacturer Ultra Electronics Holdings, under the terms of a deferred prosecution agreement (DPA) for failure to prevent bribery
back-to-top-scroll