Tuesday 8 – Wednesday 9 February 2022
The Appellant, who was the Claimant in the court below, appeals the order HHJ Russen QC, sitting as a High Court Judge, dated 22 February 2021, pursuant to which a summary judgement was granted in favour of the Respondent/Defendant, the claim was dismissed and Order on costs was made.
This appeal concerns whether a bank, acting as a payment service provider, own a common law duty of care to its customers to take reasonable skill and care to protect them from the risk associated with a particular type of fraud called authorised push payment fraud (APP). The judge below concluded that no such duty was owed, granted a reverse summary judgement, and struck out the claim. He, however, granted permission to appeal as he concluded that he may have been wrong.