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Related news & insights - Michael Brown

Class actions in England and Wales: a client guide
Posted: 24/11/2023
Class actions are becoming increasingly popular in England and Wales, with this type of litigation ranging from those claims brought together by a few individuals to ‘opt-out’ collective or representative proceedings which may be brought on behalf of potentially millions of individuals. The infrastructure in England and Wales to manage such claims......>>
Philipp v Barclays Bank - Supreme Court judgment finds payment service providers are not liable to reimburse victims of 'APP' fraud
Posted: 12/07/2023
On Wednesday, 12 July 2023, the Supreme Court handed down its decision in Fiona Philipp v Barclays Bank UK Plc. In what is a blow to consumers and a relief for banks, the Supreme Court has disagreed with the Court of Appeal’s decision and ruled in favour of Barclays, meaning victims of authorised push payment (APP) fraud cannot call......>>
Fiona Philipp v Barclays Bank UK Plc - no common law protection for victims of APP fraud
Posted: 12/07/2023
On Wednesday 12 July 2023, the Supreme Court handed down its judgment in Fiona Philipp v Barclays Bank UK Plc [2023] UKSC 25 reversing the Court of Appeal’s decision. The public interest in this case centred around liability for losses sustained by bank customers through authorised push payment (APP) fraud......>>
Thousands of declined Covid-19 business interruption claims may need to be re-opened following a major new High Court decision in favour of policyholders
Posted: 28/06/2023
On Friday 16 June 2023, Mr Justice Jacobs handed down his hugely significant judgment in the case of London International Exhibition Centre Plc v Royal & Sun Alliance Insurance Plc & Ors [2023] EWHC 1481 (Comm). Set out over some 145 pages of detailed analysis, this is an important decision which will be welcomed by tens of......>>
CP22/20: FCA consultation paper on Sustainability Disclosure Requirements and investment labels
Posted: 24/01/2023
According to the Financial Conduct Authority (FCA), UK consumer confidence in ESG-related or sustainable investment products has been negatively impacted by investment firms’ propensity to make exaggerated, misleading or unsubstantiated sustainability-related claims about their products (whether intentionally or unintentionally)......>>
How to implement a Consumer Duty implementation plan
Posted: 20/12/2022
The burden on financial institutions to protect their consumers is rapidly and significantly expanding. More than ever, these businesses not only need to protect their customers from bad outcomes but also have a positive duty to have - and must be able to evidence - measures and procedures to promote good outcomes......>>
APP fraud: the PSR’s quest for mandatory reimbursement
Posted: 18/11/2022
Authorised push payment (APP) fraud involves a payer being deceived or defrauded into authorising a payment to a criminal posing as a genuine recipient. Since payments made using real-time payment schemes are irrevocable, in most cases the victims are unable to reverse a payment once they realise they have been duped......>>
The first crypto insider trading case: the SEC’s charge against ex-Coinbase manager
Posted: 30/09/2022
The US Securities and Exchange Commission (SEC) recently saw its first insider trading case involving cryptocurrencies. The case comes just weeks after the US Department of Justice (DOJ) brought insider trading charges against an employee of OpenSea, a marketplace for non-fungible tokens (NFTs)......>>
The Court of Appeal rules unanimously that a bank’s ‘Quincecare’ duty of care extends to include fraudulent transactions authorised by an individual customer
Posted: 15/03/2022
In a landmark decision that will be of particular interest to both banks and consumers, the Court of Appeal has upheld the appeal of the claimant/appellant, Mrs Philipp, in Fiona Lorraine Philipp v Barclays Bank UK PLC [2022] EWCA Civ 318. In doing so, their Lordships have recognised that a bank’s ‘Quincecare’ duty can apply to transactions......>>
Authorised Push Payment fraud: should the alarm bells be ringing?
Posted: 22/12/2021
According to UK Finance, consumers lost a whopping £355.3 million to Authorised Push Payment (APP) fraud in the first half of 2021, an increase of 71% compared to the same period last year. The vast majority of the funds lost due to APP fraud are never recovered, sadly leaving consumers and businesses out of pocket......>>

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