Quincecare duty and the banks' liability

Law firm Womble Bond Dickinson's podcast series looks at Authorised Push Payment Fraud, also known as APP fraud. 

APP fraud is a relatively unsophisticated deception, but it can be extremely effective because of the way in which it is delivered. 

In episode two, our hosts dive into some recent court judgments where both the Quincecare duty, as well as the banks' liability under this duty, are being put in the limelight. 

The Quincecare duty is a duty of care that banks must exercise in circumstances where they have reasonable grounds to believe that instructions provided by customers are an attempt to misappropriate funds. In order to protect customers, banks can refuse to comply with certain instructions and may be obligated to take positive steps to investigate whether a payment instruction is an attempt to defraud customers.