This episode is a recording of a webinar event that we hosted in September 2023. The panel discussion was on the implications of the recent landmark decision of the Supreme Court in Philipp v Barclays Bank UK on the so-called Quincecare duty, in which the all-Fountain Court counsel team represented Barclays, the successful appellant. Panellists on the webinar included:

  • Patrick Goodall KC, a highly sought after advocate, having been instructed in many of the major commercial cases in recent times. Described in the directories as “a delightful advocate with a first-rate brain”, Patrick has advised and represented clearing and merchant banks and other financial institutions in a broad range of domestic and international disputes as well as in non-contentious contexts. He is recommended as a leading silk in banking and finance in The Legal 500, Chambers & Partners and was identified by Who’s Who Legal as one of the ‘Most Highly Regarded Silks’ in Banking & Finance. 
  • David Murray, who has particular experience in banking, financial services, aviation, insurance, reinsurance, sale of goods, conflict of laws, financial regulation, civil fraud and professional negligence. He has been consistently ranked as a leading junior by the professional directories and has been described by clients as “hugely talented”, “phenomenally bright” and as having “everything it takes to be a future star”. David has substantial experience in all manner of banking and finance disputes and regularly acts for retail, commercial and investment banks.
  • Ian Bergson, who has a broad practice with a particular specialism in commercial litigation, civil fraud and banking matters. Ian frequently acts as part of larger teams in heavy commercial litigation or arbitration, as well as significant Supreme Court or Court of Appeal appeals. Ian is recommended as a ‘Rising Star’ in The Legal 500 for Banking & Finance, Commercial Dispute Resolution and Civil Fraud and is described as an “excellent junior”. He is also ranked as “Up & Coming” by Chambers & Partners in Banking & Finance and Commercial Dispute Resolution. Before transferring to the Bar, Ian was a solicitor at Linklaters LLP.

During the session our panellists spoke about:

  • The reasoning and ramifications of the decision.
  • Where the Supreme Court’s decision leaves the so-called Quincecare duty. 
  • The limits of apparent or ostensible authority in an agency context.
  • Recent regulatory and legislative developments in relation to APP fraud, including by way of the recently enacted Financial Services and Markets Act 2023.

For more information about Fountain Court’s banking and finance experience, please see here.