Banking Litigation Podcast EP51: Quincecare Special – March 2025

In this SPECIAL EDITION of our banking litigation podcast, we consider a key risk area for financial institutions handling client payments – the so-called Quincecare duty of care. This episode is hosted by John Corrie, who is joined by Ceri Morgan and special guests Jenny Stainsby and Scott Warin. The English courts continue to grapple with payment processing claims brought by both victims of authorised push payment (APP) fraud and companies subject to an internal fraud by an authorised signatory who has gone rogue. While the seminal Supreme Court decision in Philipp v Barclays [2023] UKSC 25 recalibrated the payment processing duties owed by banks, court guidance is still needed on what is required to meet the requisite standard on a case-by-case basis, and claimants continue to explore novel causes of action. Alongside numerous civil claims working their way through the courts, the Payment Systems Regulator has introduced the UK's APP fraud reimbursement scheme. In our latest podcast, we explain the current state of payment processing claims in a post-Philipp v Barclays world, offering insights into this rapidly changing area of law. You can find links to our blog posts on the cases covered in this podcast below: • Payment processing risks in a post-Philipp v Barclays world https://www.herbertsmithfreehills.com/notes/bankinglitigation/2024-posts/civil-litigation-payment-processing-risks-in-a-post-philipp-v-barclays-world • Facing into the UK's APP Fraud Reimbursement Requirement https://www.herbertsmithfreehills.com/notes/fsrandcorpcrime/2024-posts/facing-into-the-UK-s-app-fraud-reimbursement-requirement • The Supreme Court's judgment in Philipp v Barclays: key takeaways for financial institutions executing customer payments https://www.herbertsmithfreehills.com/notes/bankinglitigation/2023-07/the-supreme-courts-judgment-in-philipp-v-barclays-key-takeaways-for-financial-institutions-executing-customer-payments • High Court dismisses Quincecare duty claim giving guidance on the scope and nature of the duty https://www.herbertsmithfreehills.com/notes/bankinglitigation/2022-06/high-court-dismisses-quincecare-duty-claim-giving-guidance-on-the-scope-and-nature-of-the-duty • Supreme Court upholds first successful claim for breach of the so-called "Quincecare" duty of care https://www.herbertsmithfreehills.com/notes/bankinglitigation/2019-10/supreme-court-upholds-first-successful-claim-for-breach-of-the-so-called-quincecare-duty-of-care • Court of Appeal judgment on scope and exclusion of 'Quincecare' duty of care https://www.herbertsmithfreehills.com/notes/bankinglitigation/2019-10/court-of-appeal-judgment-on-scope-and-exclusion-of-quincecare-duty-of-care • Latest APP fraud claim against receiving PSP: High Court refuses to strike out claim for unjust enrichment https://www.herbertsmithfreehills.com/notes/bankinglitigation/2024-posts/Latest-APP-fraud-claim-against-receiving-PSP--High-Court-refuses-to-strike-out-claim-for-unjust-enrichment • High Court considers novel APP fraud "retrieval duty" claim against both sending and receiving PSPs https://www.herbertsmithfreehills.com/notes/bankinglitigation/2024-03/high-court-considers-novel-app-fraud-retrieval-duty-claim-against-both-sending-and-receiving-psps Please subscribe to the podcast channel here http://hsffinancialservicesdisputes.buzzsprout.com/ to listen to our regular bite-sized broadcasts covering both litigation and regulatory developments for banks and other financial institutions.