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28 July 2023
Issue: 8035 / Categories: Legal News , Fraud , Banking , Financial services litigation , Cybercrime
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NLJ this week: Quincecare recast & protections for banking consumers

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The much-anticipated ruling of the Supreme Court in Philipp v Barclays Bank, which overturned the Court of Appeal’s decision, is discussed from the perspective of consumer safeguarding, in this week’s NLJ

The court held the Quincecare duty does not apply to victims of authorised push payment fraud (where victims are tricked into authorising payments to an account controlled by fraudsters).

While the court did not rescue the victims, however, it did not leave them wholly unprotected.

Penningtons Manches partner Michael Brown and senior associate Charlie Shillito, and Forum Chambers’ David McIlroy acted on behalf of the Consumers’ Association, which intervened in the case. In this article, they report on the case, and on the ‘reformulated and narrowed’ application of the Quincecare duty.

They set out the protections and potential remedies for consumers caught up in similar frauds, and the duties incumbent on banks—find out more here.

MOVERS & SHAKERS

Hogan Lovells—Lisa Quelch

Hogan Lovells—Lisa Quelch

Partner hire strengthens global infrastructure and energy financing practice

Sherrards—Jan Kunstyr

Sherrards—Jan Kunstyr

Legal director bolsters international expertise in dispute resolution team

Muckle LLP—Stacey Brown

Muckle LLP—Stacey Brown

Corporate governance and company law specialist joins the team

NEWS

NOTICE UNDER THE TRUSTEE ACT 1925

HERBERT SMITH STAFF PENSION SCHEME (THE “SCHEME”)

NOTICE TO CREDITORS AND BENEFICIARIES UNDER SECTION 27 OF THE TRUSTEE ACT 1925
Law firm HFW is offering clients lawyers on call for dawn raids, sanctions issues and other regulatory emergencies
From gender-critical speech to notice periods and incapability dismissals, employment law continues to turn on fine distinctions. In his latest employment law brief for NLJ, Ian Smith of Norwich Law School reviews a cluster of recent decisions, led by Bailey v Stonewall, where the Court of Appeal clarified the limits of third-party liability under the Equality Act
Non-molestation orders are meant to be the frontline defence against domestic abuse, yet their enforcement often falls short. Writing in NLJ this week, Jeni Kavanagh, Jessica Mortimer and Oliver Kavanagh analyse why the criminalisation of breach has failed to deliver consistent protection
Assisted dying remains one of the most fraught fault lines in English law, where compassion and criminal liability sit uncomfortably close. Writing in NLJ this week, Julie Gowland and Barny Croft of Birketts examine how acts motivated by care—booking travel, completing paperwork, or offering emotional support—can still fall within the wide reach of the Suicide Act 1961
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