Articles by author
Prospects for bankers’ liability for authorised push payment fraud
Authorised push payment fraud (APP fraud) is a form of fraud where the victim is induced to initiate a fraudulent transaction. Despite this type of fraud costing customers nearly £1/2bn a year, English law does not offer a clear and co-ordinated response. This article examines the implications of the recent cases including I.F.T S.A.L Offshore v Barclays Bank PLC, Singularis Holdings Ltd v Daiwa Capital Markets Europe Ltd and Philipp v Barclays Bank UK Plc, in order to identify the prospects for defrauded customers seeking to recover damages against the banks through whom their funds were paid away.
1 MAR 2021Bankers’ liability for Authorised Push Payment fraud: the evolution of the Quincecare duty
In this article, David McIlroy and Ruhi Sethi-Smith of Forum Chambers examine the basis of the Court of Appeal decision in Philipp v Barclays Bank Plc [2022] EWCA Civ 318 and highlight the salient points of the appeal judgment before providing their conclusions on what this means for the victims of sophisticated Authorised Push Payment (APP) fraud scams in the future.
1 MAY 2022No point preventing fraud? Philipp v Barclays Bank
On Wednesday 12 July 2023, the Supreme Court handed down its unanimous judgment in Fiona Philipp v Barclays Bank UK Plc [2023] UKSC 25. The Supreme Court’s decision to reverse the Court of Appeal’s judgment in Philipp v Barclays Bank [2022] EWCA Civ 318 will cause consternation and concern to consumers, will be welcomed by banks in the short term, but leaves fraudsters as the big winners. This article analyses the judgment and provides commentary on its implications.
1 AUG 2023
