Stephenson Harwood considers the current scope of the Quincecare duty and some of the practical issues of which banks need to be aware following the latest judgment from the Court of Appeal
Banks are under a duty to obey their customers’ instructions. However, they are also under a duty not to obey them, in certain circumstances. Navigating the line between these duties has become increasingly difficult as the scope of the Quincecare duty has evolved. We consider the current scope of the duty and some of the practical issues of which banks need to be aware following the latest judgment on this key doctrine from the Court of Appeal in Philipp v Barclays Bank UK Plc.
