News & Analysis as of

UK Supreme Court United Kingdom Financial Institutions

ArentFox Schiff

The End of LIBOR: Hotel California Edition [Part V]

ArentFox Schiff on

In a recent alert, we highlighted the United Kingdom (UK) benchmark manipulation cases of Tom Hayes and Carlo Palombo from 2015 and 2019, respectively. Hayes was the first banker to be jailed in the LIBOR scandal....more

A&O Shearman

Losing control: What the Mints Court of Appeal judgment means for UK sanctions

A&O Shearman on

On 6 October 2023, the Court of Appeal handed down judgment in the case of Mints & ors v PJSC National Bank Trust & anor [2023] EWCA 1332. The judgment confirmed that the UK’s sanctions do not preclude the English courts...more

A&O Shearman

When Push Comes to Shove: U.K. Supreme Court Confirms that Third-Party Push Payment Fraud is not Covered by Quincecare Duty

A&O Shearman on

Authorised push payment (“APP”) fraud allegations involve a third-party bad actor fraudulently inducing a bank customer to give authorised instructions to their bank to make a payment to the third-party (or someone connected...more

Morrison & Foerster LLP

Customer Beware: UK Supreme Court Clarifies Banks’ Duties in respect of Fraudulent Payments

In the much-anticipated decision of Philipp v Barclays Bank UK PLC [2023] UKSC 25 (the “Decision”), the UK Supreme Court (the “Court”) rejected the contention that Barclays Bank UK Plc (the “Bank”) owed a duty to its customer...more

McDermott Will & Schulte

The Quincecare Duty: A Victory for the Banks?

On 12 July 2023, the UK Supreme Court delivered a landmark decision on the so-called “Quincecare duty” owed by banks to their customers. In a unanimous judgment in favour of Barclays Bank, the UK’s highest Court held that...more

BCLP

Supreme Court Narrows the Scope of the Quincecare Duty in Philipp v Barclays Bank

BCLP on

We are defending financial institutions from multiple claims for breach of the so called Quincecare duty and have seen claimant law firms increasingly seek to expand the scope of the duty to try to make financial institutions...more

White & Case LLP

Landmark UK Supreme Court decision clarifies scope of banks’ so-called ‘Quincecare duty’

White & Case LLP on

In Philipp v Barclays Bank UK PLC, the UK Supreme Court has given unanimous judgment in favour of Barclays Bank, and provided clear guidance on the so-called ‘Quincecare duty’ owed by banks to their customers. White & Case...more

Proskauer - Minding Your Business

Banks as Gatekeepers Against Fraud: Customer Protection and the So-Called Quincecare Duty in the UK

Who can be held responsible when a rogue actor directs payment from a company’s bank account? Unless discovered quickly, stolen funds are usually quickly spirited away from easy recovery. Victims of fraud therefore look for...more

BCLP

The High Court’s decision in Crossley & Ors v Volkswagen Aktiengesellschaft & Ors - a new direction for the law on implied...

BCLP on

In recent years, claimants in a number of banking litigation cases have sought to establish implied fraudulent misrepresentations as to the defendant banks’ alleged involvement in manipulating LIBOR, in an attempt to seek to...more

Morrison & Foerster LLP

UK Litigation - A Year in Summary

Morrison & Foerster LLP on

This year saw the UK grapple with life after Brexit and, along with the rest of the world, the impact of the continued COVID-19 pandemic. As 2021 draws to a close, we round up the key events and developments from the year in...more

Hogan Lovells

UK Supreme Court upholds first breach of Quincecare duty

Hogan Lovells on

At the end of last month, the Supreme Court gave judgment in Singularis Holdings Limited (In Official Liquidation) v Daiwa Capital Markets Europe Ltd.This is the first case in which a bank has been held to have breached its...more

White & Case LLP

UK Supreme Court upholds first successful claim for breach of the "Quincecare" duty financial institutions owe their customers

White & Case LLP on

In Singularis Holdings Ltd (In Official Liquidation) v Daiwa Capital Markets Europe Ltd ([2019] UKSC 50), the Supreme Court upheld the first successful claim in negligence by a customer of a financial institution for breach...more

12 Results
 / 
View per page
Page: of 1

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:
*By using the service, you signify your acceptance of JD Supra's Privacy Policy.
- hide
- hide