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Orthodoxy prevails? How receiving banks avoid liability for their customers’ frauds

20 March 2024 / Author(s): Matthew McGhee
Issue: July-August 2022 / Categories: Feature

Two recent cases have considered the issue of when a bank can be held liable by a victim of fraud on the basis that the fraudster directed the victim to make payment to an account held with the defendant bank. In both these recent cases, the receiving bank has been comprehensively excused of any liability. However, whether the receiving bank can ever be held liable in such circumstances remains an open question.

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