On 18th January 2021 Judge Rusen handed down judgment finding that the Quincecare duty did not extend beyond a duty which was engaged where an agent misappropriated their principal’s property. The decision has sparked controversy from practitioners, who question whether it can be correct.

The Quadcast team considered the Quincecare decision and asked whether the Courts are now rowing back from the position taken in Singularis. The discussion revisited the extent of the Quincecare duty and asked whether it now has any relevance to cases of fraud where the customer itself is tricked into making payments from its account.