Alexia Knight and Sarah Parker write for JIBFL on APP Fraud and Unjust Enrichment

Alexia Knight and Sarah Parker have written an article on two recent conflicting judgments which considered whether, for the purposes of a claim in unjust enrichment against a receiving bank, a transfer of funds following an authorised push payment fraud is made “at the expense of the claimant”. The article considers the application of the concepts: “transactional reality” and “economic reality” in this inquiry.

This article was first published in the November 2024 issue of Butterworth’s Journal of International Banking and Financial Law (JIBFL).

Access the article here (with a free registration to JIBFL).