Commercial News

Authorised Push Payment (“APP”) fraud and the Quincecare duty Court of Appeal, 14 March 2022

Authorised Push Payment (“APP”) fraud and the Quincecare duty Court of Appeal, 14 March 2022

Date: 15 Mar, 2022
In an important judgment handed down by the Court of Appeal (the Chancellor, Coulson and Birss LJJ) on 14 March 2022, and reported under neutral citation [2022] EWCA Civ 318, the appellant customer’s appeal was allowed, and it was held that: (1) the Quincecare duty, requiring a bank to refrain from acting on a payment instruction if, and for as long as, it was put on inquiry by having reasonable grounds for believing that the instruction was an attempt to misappropriate funds, does not depend on the fact that the bank is instructed by an agent of the customer of the bank, and thus is capable in principle of applying where monies are lost due to an authorised push payment (“APP”) fraud.

Supreme Court rules costs payable in the event of direct settlements between claimants and insurer

Supreme Court rules costs payable in the event of direct settlements between claimants and insurer

Date: 27 Apr, 2018
Supreme Court rules costs payable in the event of direct settlements between claimants and insurer: Gavin Edmondson Solicitors Limited v Haven Insurance Company Limited [2018] UKSC 21.