A Quincecare claim typically arises where a customer holds a bank account, the bank receives a payment instruction and when the money is paid it transpires a fraud has taken place and the customer’s money is lost. In order to bring a Quincecare claim the claimant needs to establish that there was evidence available to the bank which would give a reasonable and honest banker reasonable grounds (but not necessarily proof) that the payment instruction may be an attempt to misappropriate the customer’s funds. In the latest episode of the Stewarts Commercial Litigation Podcast, legal directors and podcast hosts Karen Hutchinson and Francesca Berry welcome Head of Insolvency and Asset Recovery Alex Jay to discuss the Quincecare duty. This podcast is hosted by ZenCast.fm

In the latest episode of the Stewarts Commercial Litigation Podcast, legal directors and podcast hosts Karen Hutchinson and Francesca Berry are joined by commercial litigation partner Elaina Bailes to discuss climate change and environmental litigation, as well as the less-publicised but equally important social and governance themes that companies and directors must keep in mind to avoid costly disputes. ESG has long been a critical issue for companies and investors, but interest in this space has grown enormously among corporates, shareholders, activists and the media in recent years. This heightened awareness means greater scrutiny of the environmental, social and governance aspects of business; government regulation across the world is also becoming tighter and more readily enforced. This increases the scope for disputes. This podcast is hosted by ZenCast.fm

In the first episode of the podcast, the department’s founder Clive Zietman provides an introduction to its history and the types of work covered under the Commercial Litigation umbrella. He also gives his thoughts on the themes and issues that will shape the disputes landscape in England and Wales in the coming years. These podcasts will offer guidance and updates both for litigation practitioners and for individuals and companies looking to avoid and manage litigation proceedings. In each upcoming episode, Legal Directors and podcast co-hosts Francesca Berry and Karen Hutchinson will speak to subject experts within the Stewarts team. This podcast is hosted by ZenCast.fm