Related insights: Commercial Disputes
Equifax: a lesson in intra group controls
20 Oct 2023
Back in 2017, significant UK customer data that Equifax Ltd held on the servers of its US parent, and for which it acted as a data controller, was compromised in a cybersecurity incident. FCA took the unprecedented step of announcing at the time that it would be carrying out an investigation. Almost exactly six years later, it published its final notice on the matter – imposing a fine of over £11 million.
Authorised Push Payment Fraud podcast series: Philipp v Barclays Bank
04 Oct 2023
In our fourth and final episode of our Authorised Push Payment Fraud podcast series, hosts Rashmita Roy Chowdhury and Samantha Bryant discuss the Supreme Court's judgment in the case of Philipp v Barclays Bank, providing some key takeaways and practical tips.
Spotlight Series: Amy Prime, E-Discovery Lawyer, Womble Bond Dickinson
17 Jul 2023
Amy has experience in a broad range of contentious matters ranging from the defence of a class action, oil and gas disputes, commercial contracts and advising on data protection breaches.
The Supreme Court hands down its judgment in Philipp v Barclays Bank UK PLC [2023] UKSC 25
13 Jul 2023
It's out! The Supreme Court has handed down its keenly awaited judgment on whether banks owe a Quincecare duty not to carry out a customer's instructions in cases of suspected fraud. Our previous article on this case can be found here. The Supreme Court has unanimously overturned the Court of Appeal's ruling and has stated that a bank's Quincecare duty is not extended in cases where a customer themselves has authorised a transfer, even if the customer was unaware that a fraud was being perpetrated upon them.
Listen to Quincecare case overview in latest Authorised Push Payment Fraud podcast series
19 Jun 2023
Episode three of the Authorised Push Payment Fraud podcast series focuses on Stanford International Bank vs HSBC, where the Courts ruled that there was no basis for a Quincecare claim.
Green claims: beware of watchdogs
16 Jun 2023
Consumers are at the heart of the net zero transition. From installing solar panels and cycling to work to investing into sustainable pension funds, consumers are bombarded with choices for products and services that claim to be sustainable. But are they really? Greenwashing through advertising has been just one of the hot topics over the past several months.
Former Chief Information Officer found personally liable for breaching Senior Manager Conduct Rules
16 Jun 2023
A former Chief information Officer (CIO), Mr Carlos Abarca, was personally fined by the Prudential Regulation Authority (PRA) for breaching the PRA's Senior Management Conduct Rules.
Fixed recoverable costs to extend to claims up to £100,000
26 May 2023
From 1 October 2023, fixed recoverable costs will apply to most civil litigation claims with a value of up to £100,000. This includes all fast track and intermediate track cases (subject to exceptions).
As recoverable costs for most cases under the new regime are likely to be less than currently available, if you have any potential claims up to the value of £100,000, you should consider if you can issue these claims before the new rules take effect on 1 October 2023. Claims should only be issued where all pre-action protocol obligations have been properly satisfied. Note there is uncertainty about whether the new rule will apply to matters that settle pre-issue after 1 October 2023. We await clarification from the Ministry of Justice on this issue.
As recoverable costs for most cases under the new regime are likely to be less than currently available, if you have any potential claims up to the value of £100,000, you should consider if you can issue these claims before the new rules take effect on 1 October 2023. Claims should only be issued where all pre-action protocol obligations have been properly satisfied. Note there is uncertainty about whether the new rule will apply to matters that settle pre-issue after 1 October 2023. We await clarification from the Ministry of Justice on this issue.
Authorised Push Payment Fraud podcast explores Quincecare duty and the banks' liability
24 May 2023
In episode 2 of Womble Bond Dickinson's Authorised Push Payment Fraud podcast series, we 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.
ClientEarth v Shell Plc: case in summary
22 May 2023
The High Court in England has refused permission for the environmental activist group ClientEarth to proceed with a derivative action against the directors of Shell Plc.
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