Makerere Law Journal

Banking law and Negotiable Instruments
Contract Law
Tort Law (Negligence)

No Duty To Doubt: An Analysis Of Philipp V Barclays Bank And Its Implications On The Banker-customer Relationship

Comment by Cynthia Amiri L. E.

Abstract

The paper explores a pivotal United Kingdom Supreme Court decision, Philipp v Barclays Bank that redefined the legal obligations of banks towards customers in the context of fraud. The Court held that banks do not owe a duty of care to challenge payment instructions made by customers, even when those instructions arise from fraudulent inducement. This ruling narrows the scope of the Quincecare duty, traditionally requiring banks to verify the authenticity of transactions under suspicion of fraud. The implications of this judgment are far-reaching, particularly for vulnerable populations such as the elderly, as it shifts the onus of fraud prevention onto customers. The paper critically analyzes the judgment's impact on the banker-customer relationship and the broader financial landscape.

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The Justiciability Of The Argument For The Recognition Of Freedom To Transact At The Emergence Of Blockchain Technologies In Uganda And World Wide

George Okitoi

The paper discusses the need for recognition for freedom to transact due to the emergence of block chain technologies. It looks at the existing legal framework on block chain and the fact that it has the potential to revolutionize a wide range of industries by enabling secure, transparent and efficient record-keeping and communication. As a result, many countries have recognized the importance of blockchain and have begun to legislate and regulate various aspects of its use. He asserts that freedom to transact is justiciable to the extent that individuals can seek legal remedies if their freedom to transact is violated or infringed upon. The author argues for a need to develop specific legislation on block chain technologies as well as the adoption of guidelines to ensure that these technologies are used in a way that respects the freedom to transact and promotes human rights.