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24 May 2024
Issue: 8072 / Categories: Legal News , Fraud , Financial services litigation
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NLJ this week: APP fraud & how banks should respond

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A recent decision (although subject to appeal) offers hope for victims of authorised push payment (APP) fraud

In this week’s NLJ, Jon Felce and Rosie Wild, partners at Cooke, Young & Keidan, explain the ruling and its implications, including what steps payment service providers should be taking in response.

The case in question is CCP Graduate School Ltd v National Bank Plc and another company. CCP was tricked into sending money to fraudsters, and turned to her bank for redress. Was a Quincecare duty owed? The facts have some similarities to those in Philipp v Barclays Bank.

Felce and Wild write: ‘Assuming a duty is found to exist, financial institutions will be interested particularly in the scope of that duty and what steps reasonably should be taken by them, including whether that extends beyond any system of indemnification found to exist.’

MOVERS & SHAKERS

Jurit LLP—Caroline Williams

Jurit LLP—Caroline Williams

Private wealth and tax team welcomes cross-border specialist as consultant

Freeths—Michelle Kirkland Elias

Freeths—Michelle Kirkland Elias

International hospitality and leisure specialist joins corporate team as partner

Flint Bishop—Deborah Niven

Flint Bishop—Deborah Niven

Firm appoints head of intellectual property to drive northern growth

NEWS
Talk of a reserved ‘Welsh seat’ on the Supreme Court is misplaced. In NLJ this week, Professor Graham Zellick KC explains that the Constitutional Reform Act treats ‘England and Wales’ as one jurisdiction, with no statutory Welsh slot
The government’s plan to curb jury trials has sparked ‘jury furore’. Writing in NLJ this week, David Locke, partner at Hill Dickinson, says the rationale is ‘grossly inadequate’
A year after the $1.5bn Bybit heist, crypto fraud is booming—but so is recovery. Writing in NLJ this week, Neil Holloway, founder and CEO of M2 Recovery, warns that scams hit at least $14bn in 2025, fuelled by ‘pig butchering’ cons and AI deepfakes
After Woodcock confirmed no general duty to warn, debate turns to the criminal law. Writing in NLJ this week, Charles Davey of The Barrister Group urges revival of misprision or a modern equivalent
Family courts are tightening control of expert evidence. Writing in NLJ this week, Dr Chris Pamplin says there is ‘no automatic right’ to call experts; attendance must be ‘necessary in the interests of justice’ under FPR Pt 25
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