Timothy Sherwin writes for the Journal of International Banking and Financial Law
Timothy Sherwin has written a paper for the Journal of International Banking and Financial Law, published in June, entitled “The banker’s duty of care for fraudulent payments”. Timothy’s paper considers the scope of the Barclays Bank plc v Quincecare [1992] 4 All ER 363 duty on bankers to refuse to execute payments when ‘put on inquiry’ that the payment is fraudulent. He summarises the case law on this duty, analyses the recent decision in Singularis Holdings Ltd (in liquidation) v Daiwa Capital Markets Europe Ltd [2017] 1 Lloyd’s Rep 226 (a rare case where the duty was breached), and assesses whether the court was correct to reject the bank’s reliance on technical arguments to defeat liability in Singularis.
Click here to read Timothy’s paper.
