A New Angle on Banks’ Duties to Customers in Fraud Cases: Philipp v Barclays
March 30, 2022
What is the scope of banks’ duties to customers in executing their customers’ instructions? In particular, what are banks’ duties if the instruction is the instrument of fraud?
- Earlier this month, the Court of Appeal overturned the previous decision of the High Court in Philipp v Barclays Bank UK Plc.
- The claim concerned the liability of Barclays Bank for carrying out transfers that constituted an ‘authorised push payment’ fraud on Mrs Philipp – transfers that were requested and authorised by her, but induced by a third party through the use of fraudulent representations.
- Mrs Philipp had argued that Barclays was liable for her losses because of its failure to comply with its Quincecare duty – a duty that has risen to prominence as a result of several high-profile cases in recent years.