We are pleased that Sonia Tolaney KC and James Ruddell are featured in one of The Lawyer’s “Top 10 Appeals of 2023”.
Philipp v Barclays Bank, a two-day appeal to the Supreme Court heard earlier this month, concerns the long-standing but controversial “Quincecare duty”. Fiona Philipp was the victim of an authorised push payment (APP) fraud in March 2018. She was persuaded to instruct Barclays Bank to make substantial payments from her accounts to bank accounts in the UAE controlled by fraudsters. In the claim, Mrs Phillipp alleges that Barclays was obliged by the “Quincecare duty” to delay or refuse to execute her payment instructions because it was on inquiry as to the existence of the fraud. Barclays applied for summary judgment, arguing that the “Quincecare duty” has no application in such circumstances. HHJ Russen KC ruled in favour of the bank, but that decision was overturned on appeal. In the latest appeal to the Supreme Court, the Court gave permission for the Consumers’ Association and UK Finance (the official trade body representing the banking and finance industry) to intervene, in the light of the significant issues involved.
Sonia Tolaney KC and James Ruddell acted for UK Finance, instructed by White & Case LLP.
The full article can be seen here.