header-logo header-logo

Any protection against authorised push payment fraud?

132288
The Supreme Court has not rescued consumers who are the victims of APP fraud, but neither has it left them wholly unprotected: Michael Brown, Charlie Shillito & David McIlroy report on the judgment in Philipp v Barclays Bank
  • The Supreme Court has held the Quincecare duty does not apply to victims of authorised push payment (APP) fraud.
  • There is limited protection for such victims at common law.
  • It is now over to Parliament and regulators to pick up the gauntlet.

The Supreme Court recently reversed the Court of Appeal’s decision in Philipp v Barclays Bank UK plc [2023] UKSC 25, [2023] All ER (D) 53 (Jul). This case centred around liability for losses sustained by bank customers through authorised push payment (APP) fraud; a fraud in which victims are tricked into authorising payments from their bank accounts to an account controlled by the fraudster, often in the belief (induced by the fraudster) that the destination account is

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

Freeths—Ruth Clare

Freeths—Ruth Clare

National real estate team bolstered by partner hire in Manchester

Farrer & Co—Claire Gordon

Farrer & Co—Claire Gordon

Partner appointed head of family team

mfg Solicitors—Neil Harrison

mfg Solicitors—Neil Harrison

Firm strengthens agriculture and rural affairs team with partner return

NEWS
Conveyancing lawyers have enjoyed a rapid win after campaigning against UK Finance’s decision to charge for access to the Mortgage Lenders’ Handbook
The Crown Prosecution Service (CPS) has launched a recruitment drive for talented early career and more senior barristers and solicitors
Regulators differed in the clarity and consistency of their post-Mazur advice and guidance, according to an interim report by the Legal Services Board (LSB)
The dangers of uncritical artificial intelligence (AI) use in legal practice are no longer hypothetical. In this week's NLJ, Dr Charanjit Singh of Holborn Chambers examines cases where lawyers relied on ‘hallucinated’ citations — entirely fictitious authorities generated by AI tools
The Solicitors Act 1974 may still underpin legal regulation, but its age is increasingly showing. Writing in NLJ this week, Victoria Morrison-Hughes of the Association of Costs Lawyers argues that the Act is ‘out of step with modern consumer law’ and actively deters fairness
back-to-top-scroll