Tag Archives: Quincecare

Push Payment Fraud – Is there a duty on banks to retrieve lost funds?

A recent High Court decision has examined the responsibilities of banks to retrieve funds lost in authorised push payment (“APP”) fraud scams. Readers will recall the 2023 case of Philipp v Barclays, in which the Supreme Court declined to extend …

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Supreme Court’s downplaying of the Quincecare duty does not mean banks are off the hook on customer fraud claims

Although the Supreme Court’s decision in Philipp v Barclays has refused to extend the “Quincecare” duty of banks to assist victims of authorised push payment (“APP”) fraud , the new picture which has emerged is not quite the unqualified victory …

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Are banks under a duty to prevent Authorised Push Payment fraud?

FACTS In 2018, the claimant (Mrs Philipp) and her husband were tricked into sending £700,000 to bank accounts controlled by fraudsters in the United Arab Emirates. Through an elaborate scheme, the fraudsters convinced Philipps that they were agents of the …

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A bank’s Quincecare duty of care

In a recent decision, the Commercial Court refused a bank’s application to strike out on the basis that the bank in question owed a Quincecare duty of care to its customer. In The Federal Republic of Nigeria v JP Morgan …

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