When the chips are down

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Seven cash withdrawals totalling £2,100 were withdrawn from Mr Job’s account in February 2006 by way of two ATMs in Reading.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,