Articles by author
Orthodoxy prevails? How receiving banks avoid liability for their customers’ frauds
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.
1 JUL 2022Different jurisdictions’ approaches to Quincecare: England and Wales lead the expansive approach
Singularis remains the only case in England and Wales to establish breach of the Quincecare duty. So, is the industry getting carried away with the hype in circumstances where, on sober reflection, there may not be much of substance to be seen here? We chart the development of the Quincecare duty in various jurisdictions, before proposing an appropriate purview for the duty.
1 NOV 2022Quincecare, agency and conflict of laws: what law do we look to?
Much ink has been spilled on the Quincecare duty, considering the circumstances in which it may be engaged in the banker-customer relationship. However, that is only one part of a broader picture of inter-related agency relationships, all of which can be in play in cases where a company is being defrauded by someone who might usually be trusted to act in the company’s interests. This article sets out to identify, by means of a case study, what sort of issues might arise. It then seeks to explain what English conflict of laws rules would find to be the governing law of the various claims.
1 MAR 2024
