England and Wales Case Law

Kenneth Larsson v Revolut Limited

Revolut owed no contractual or tortious duty of care to Mr Larsson in respect of the payments made to the Destination Accounts, as it was not acting on his instructions and the relevant duties were owed to the holders of those accounts. The claim in dishonest assistance in breach of trust is not sufficiently pleaded but is not struck out at this stage, allowing the claimant an opportunity to amend the particulars of claim.

Source excerpt

• Bank's duty of care
• Authorised push payment fraud
• Dishonest assistance
• Constructive trust
• Summary judgment
• Strike out application

Read case analysis

Larsson v Revolut Ltd

Larsson v Revolut Ltd [2024] EWHC 1287 (Ch) (04 June 2024)

The High Court struck out contractual and tortious duty-of-care claims against Revolut in an authorised push payment fraud case, but left dishonest assistance alive pending amendment.

• Authorised push payment fraud
• Banker-customer relationship
• Duty of care
• Dishonest assistance
• Constructive trust
• Contractual implied terms

Read case analysis

Philipp v Barclays Bank UK PLC

The Supreme Court held that a bank must execute a customer’s valid payment instructions and the Quincecare duty does not extend to authorised push payment fraud.

• Quincecare duty
• Authorised push payment fraud
• Bank's duty of care
• Mandate
• Implied contractual terms
• Apparent authority

Read case analysis

Tecnimont Arabia Ltd v National Westminster Bank Plc

Tecnimont Arabia Ltd v National Westminster Bank Plc [2022] EWHC 1172 (Comm) (17 May 2022)

The High Court dismissed Tecnimont Arabia Ltd’s claim against NatWest arising from an APP fraud, finding no knowing receipt or unjust enrichment at the claimant’s expense.

• Unjust enrichment
• Knowing receipt
• Authorised push payment fraud
• Banking procedures
• Change of position defence
• Unjust-enrichment

Read case analysis

Philipp v Barclays Bank UK Plc

The High Court held the Quincecare duty does not extend to authorised push payment fraud by third parties and granted summary judgment for Barclays.

• Quincecare duty
• Authorised push payment fraud
• Duty of care
• Summary judgment
• Causation
• Contributory negligence

Read case analysis