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02 August 2024 / Ashley Fairbrother , Oliver Fredrickson
Issue: 8082 / Categories: Features , Fraud
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APP fraud: hope for victims?

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Ashley Fairbrother & Oliver Fredrickson examine recent developments that may improve the outlook for victims of APP fraud
  • Three recent High Court decisions appear to have re-opened the door for victims of APP fraud.
  • In each case, a victim of APP fraud brought a claim against the recipient banks and, in all three cases, the banks’ application for summary judgment was unsuccessful.
  • The cases will now proceed to trial on the grounds of unjust enrichment, dishonest assistance, and the duty to recover and/or retrieve stolen funds.

In 2023, there were a staggering 232,429 reported cases of authorised push payment (APP) fraud in the United Kingdom, causing some £459.7m of loss to victims. As APP fraud has increased in recent years, it has become a regrettable trend for victims to remain out of pocket after the investigation has concluded.

This article follows the journey of APP fraud litigation over the past five years. In particular, it highlights three recent cases—Larsson v Revolut Ltd [2024] EWHC 1287 (Ch), [2024]

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MOVERS & SHAKERS

Bellevue Law—Lianne Craig

Bellevue Law—Lianne Craig

Workplace law firm expands commercial disputes team with senior consultant hire

EIP—Rob Barker

EIP—Rob Barker

IP firm promotes patent attorney to partner

Muckle LLP—Ryan Butler

Muckle LLP—Ryan Butler

Banking and restructuring team bolstered by insolvency specialist

NEWS
A High Court ruling involving the Longleat estate has exposed the fault line between modern family building and historic trust drafting. Writing in NLJ this week, Charlotte Coyle, director and family law expert at Freeths, examines Cator v Thynn [2026] EWHC 209 (Ch), where trustees sought approval to modernise trusts that retain pre-1970 definitions of ‘child’, ‘grandchild’ and ‘issue’
Fresh proposals to criminalise ‘nudification’ apps, prioritise cyberflashing and non-consensual intimate images, and even ban under-16s from social media have reignited debate over whether the Online Safety Act 2023 (OSA 2023) is fit for purpose. Writing in NLJ this week, Alexander Brown, head of technology, media and telecommunications, and Alexandra Webster, managing associate, Simmons & Simmons, caution against reactive law-making that could undermine the Act’s ‘risk-based and outcomes-focused’ design
Recent allegations surrounding Peter Mandelson and Andrew Mountbatten-Windsor have reignited scrutiny of the ancient common law offence of misconduct in public office. Writing in NLJ this week, Simon Parsons, teaching fellow at Bath Spa University, asks whether their conduct could clear a notoriously high legal hurdle
A landmark ruling has reshaped child clinical negligence claims. Writing in NLJ this week, Jodi Newton, head of birth and paediatric negligence at Osbornes Law, explains how the Supreme Court in CCC v Sheffield Teaching Hospitals NHS Foundation Trust [2026] UKSC 5 has overturned Croke v Wiseman, ending the long-standing bar on children recovering ‘lost years’ earnings
A Court of Appeal ruling has drawn a firm line under party autonomy in arbitration. Writing in NLJ this week, Masood Ahmed, associate professor at the University of Leicester, analyses Gluck v Endzweig [2026] EWCA Civ 145, where a clause allowing arbitrators to amend an award ‘at any time’ was held incompatible with the Arbitration Act 1996
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