News —

Philipp v Barclays Bank UK PLC: implications for New Zealand law and policy


November 10, 2023

On 27 November 2023, Stephen Hunter KC and James Ruddell will be participating in a seminar on the recent landmark decision of the United Kingdom Supreme Court in Philipp v Barclays Bank UK PLC [2023] UKSC 25. The other speakers will be Sophie East (Partner, Bell Gully) and Peter Watts KC (Barrister, Bankside Chambers).

The Philipp case concerned the common law duties owed by banks to customers who have fallen victim to fraud. The Court reconceptualised the so-called “Quincecare duty” and held that any such duty did not apply when the bank received a properly authorised payment instruction (even one induced by fraud). In so doing, it referred to the leading New Zealand case of Westpac New Zealand Ltd v MAP & Associates Ltd [2011] NZSC 89 and to the extensive work of Peter Watts KC in this area. James Ruddell was also junior counsel appearing for UK Finance as intervenor in the appeal.

The seminar will address the key issues arising in the judgment, the likely impact on New Zealand banking law and possible regulatory responses to the problem of authorised push payment fraud (by reference to recent developments in the UK).

For those wishing to attend, the details are as follows:


Monday, 27 November 2023


5.15pm for a 5.30pm start
6.45pm to 7.30pm drinks and nibbles


Bell Gully
Level 21
Vero Centre
48 Shortland Street


Friday, 17 November 2023 by email

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