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APP fraud: hope for victims?

02 August 2024 / Ashley Fairbrother , Oliver Fredrickson
Issue: 8082 / Categories: Features , Fraud
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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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NEWS
The landmark Supreme Court’s decision in Johnson v FirstRand Bank Ltd—along with Rukhadze v Recovery Partners—redefine fiduciary duties in commercial fraud. Writing in NLJ this week, Mary Young of Kingsley Napley analyses the implications of the rulings
Barristers Ben Keith of 5 St Andrew’s Hill and Rhys Davies of Temple Garden Chambers use the arrest of Simon Leviev—the so-called Tinder Swindler—to explore the realities of Interpol red notices, in this week's NLJ
Mazur v Charles Russell Speechlys [2025] has upended assumptions about who may conduct litigation, warn Kevin Latham and Fraser Barnstaple of Kings Chambers in this week's NLJ. But is it as catastrophic as first feared?
Lord Sales has been appointed to become the Deputy President of the Supreme Court after Lord Hodge retires at the end of the year
Limited liability partnerships (LLPs) are reportedly in the firing line in Chancellor Rachel Reeves upcoming Autumn budget
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