Philipp v Barclays - UK Supreme court overrules Court Of Appeal on Quincecare in landmark return to basics of banking and agency law (July 2023)
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In a hotly-anticipated judgment, the Supreme Court has reversed a controversial decision of the Court of Appeal, which significantly expanded the scope of the “Quincecare duty of care”. The decision should prompt widespread relief across the banking industry, but the substance of the duty remains and questions linger around exactly what banks need to do to comply with it. As well as being a landmark banking law case, the case should be considered a key new authority in the law of agency.
