header-logo header-logo

When the chips are down

10 July 2009 / Stephen Mason
Issue: 7377 / Categories: Opinion , Banking
printer mail-detail

The bank, the PIN & the ATM, by Stephen Mason

The ATM and plastic card have become central to our lives, yet the technology is not perfect. Should the bank refuse to accept withdrawals were the result of the actions of a thief, the customer’s only option may be to take legal action to recover their money. This happened to Mr Job, and although a number of commentators considered this trial to be a test case, the judge made it clear that this was not. Nevertheless it was a highly unusual case. For instance, there is extensive case law in Germany, comprising decisions by courts of first instance and appellate courts in relation to PINs and ATMs, yet the case of Job appears to be the first case of its kind in the United Kingdom that has gone to trial.

The facts

Seven cash withdrawals totalling £2,100 were withdrawn from Mr Job’s account in February 2006 by way of two ATMs in Reading. Mr Job said he did not make the withdrawals,

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

Quinn Emanuel—James McSweeney

Quinn Emanuel—James McSweeney

London promotion underscores firm’s investment in white collar and investigations

Ward Hadaway—Louise Miller

Ward Hadaway—Louise Miller

Private client team strengthened by partner appointment

NLJ Career Profile: Kate Gaskell, Flex Legal

NLJ Career Profile: Kate Gaskell, Flex Legal

Kate Gaskell, CEO of Flex Legal, reflects on chasing her childhood dreams underscores the importance of welcoming those from all backgrounds into the profession

NEWS
Overcrowded prisons, mental health hospitals and immigration centres are failing to meet international and domestic human rights standards, the National Preventive Mechanism (NPM) has warned
Two speedier and more streamlined qualification routes have been launched for probate and conveyancing professionals
Workplace stress was a contributing factor in almost one in eight cases before the employment tribunal last year, indicating its endemic grip on the UK workplace
In NLJ this week, Ian Smith, emeritus professor at UEA, explores major developments in employment law from the Supreme Court and appellate courts
Writing in NLJ this week, Kamran Rehman and Harriet Campbell of Penningtons Manches Cooper examine Operafund Eco-Invest SICAV plc v Spain, where the Commercial Court held that ICSID and Energy Charter Treaty awards cannot be assigned
back-to-top-scroll