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Court of Appeal confirms scope of banks' duty to take reasonable care to protect their customers from fraud: Philipp v Barclays Bank UK PLC & Anor [2022] EWCA Civ 318

The Court of Appeal's recent decision sheds significant light on banks' liability for failing to exercise reasonable skill and care in executing the instructions of their customers. Reversing the ruling of the High Court, the Court of Appeal made clear that the "Quincecare duty" arises not only when it is the customer's agent who fraudulently instructs the bank to transfer the customer's money, but can also arise when the customer themselves, as the victim of a fraud, instructs the bank to do so. The Court of Appeal overturned the summary judgment in the bank's favour, and remitted the case to the High Court for trial. The question of what measures the bank should have had in place to prevent a fraud of this kind can only be determined at trial.

Changes to right to work checks

All employers must conduct right to work checks to ensure their employees have the right to work lawfully in the UK. Employers who fail to do so face potential fines and, in some cases, criminal liability. Checks must be conducted on recruitment for all employees before the individual starts work. Follow-up checks must also be conducted for employees on visas shortly before the visa is due to end.

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