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Tackling fraud: a duty of inquiry or a duty if on inquiry?

10 January 2026 / Author(s): Ian Bergson
Issue: January 2026 / Categories: Feature

In this article the author highlights the difference between on the one hand a bank owing a duty of investigation or inquiry to their customer, and on the other hand only being subject to any such duty when particular circumstances put the bank “on inquiry” that a payment instruction is an attempt to misappropriate the customer’s funds.

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