The Court of Appeal has overturned a High Court ruling that required FCA-authorised EMI Moorwand to restore £160,000 transferred into an account controlled by scammers. The case demonstrates the gulf between regulatory compliance failures and enforceable private compensation claims—and how recovery litigation can cost far more than the underlying fraud loss.
The recent High Court ruling in the UK against Moorwand Ltd marks a watershed moment in the fight against authorised push payment (APP) fraud in the UK. The judgment held the FCA-regulated e-money institution liable for failing to prevent fraudulent transfers, reinforcing the application of the Quincecare duty to modern payment service providers.