Quincecare: a duy to protect customers from themselves?
Established 35 years ago in the case of Quincecare v Barclays Bank, the Quincecare duty requires, in short, that banks and other financial institutions refrain from executing their customers’ orders if they are put on notice that those orders are part of a fraud on the customers. Since then, the Quincecare duty mostly spent its […]
The Quincecare duty: 35 years on, the debate has only just begun
The Quincecare duty, which requires financial institutions not to execute customers’ orders if they have been made aware that these are part of a fraud, has gained prominence recently as upcoming legal challenges threaten to increase banks’ responsibilities in the context of increasingly sophisticated fraud. In this article for The Banker, Paul Johnson and David […]