Law 360 recently spoke to Tom Johnson from our Litigation & Dispute Resolution team on the recent decision by the Court of Appeal to revive a lawsuit against Barclays Bank over a scam which may have reopened an avenue for duped clients to sue lenders for breaching their duty to protect against fraud – the so-called Quincecare duty.

An English appeals court has rekindled hopes that victims of push payment fraud can sue banks for compensation, although actually pinning liability on lenders for breaching a key legal obligation may prove to be an uphill battle, attorneys say.

The Court of Appeal’s decision on Monday to revive Fiona Philipp’s lawsuit against Barclays Bank UK PLC over a £700,000 fraud might have reopened an avenue for consumers who were duped to sue lenders for breaching their duty to protect against fraud…

…There are unresolved questions as a result about what a bank could and should do for its customers, according to Edwin Coe LLP barrister Thomas Johnson.

It keeps the candle burning for victims of authorized push payment fraud,” Johnson said. “Whether it applies to any individual case is ultimately a question of fact.

Read the full article on Law 360’s website (subscription may be required).

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