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] All ER (D) 38 (Jun); Terna Energy Trading DOO v Revolut
