Case

Which case won?

casea
The case for the financial adviser
  • We had no way of knowing that the emails we were receiving from Ms Q’s email address had not actually been sent by her.
  • It was not unusual for us to receive emails from Ms Q. She had been emailing us around the same time about arranging a mortgage, so the emails asking us to transfer money to another bank account did not give us any cause for suspicion or concern.
  • Ms Q had worked in Asia in the past, so it would not have been unreasonable for her to have a bank account in Hong Kong.
  • It was not our email account which was hacked by fraudsters – it was Ms Q’s. We can hardly be held responsible for her email security, but have nevertheless offered to pay a quarter of the sum that Ms Q has lost.
caseb
The case for Ms Q
  • I had used the same financial adviser for more than ten years and always had a face-to-face meeting when I wanted to discuss my investments.
  • The financial adviser was informed by the investment provider that they could not trace the firm of the Hong Kong solicitor to which the money was initially meant to be transferred. This should have alerted the adviser that something was wrong.
  • The financial adviser should have called me to confirm the instructions they received by email prior to transferring such a large sum of money.
  • I entrusted my money to the financial adviser who should have taken better care of it. The advisor should reimburse me the full β€ŽΒ£80,000 that they transferred to a fraudulent account, not merely a quarter of this sum.

So, which case won?

Cast your judgment below to find out
Case A Case B

Case B won. You were right!

How people voted
case a27%
case b73%

Expert commentary on the court's decision

Clayton Davis
Clayton DavisPrincipal Lawyer
β€œIn the Financial Ombudsman’s view, β€˜alarm bells should certainly have started ringing’ when the financial adviser learned of the irregularities with the initial transfer request.”
Financial Ombudsman finds in favour of Ms Q

The case involving Ms Q and her financial adviser was reported in the August 2016 edition of ombudsman news. (See case study 135/6.)

After examining the emails which the financial adviser had received from Ms Q’s email account, the Financial Ombudsman sided with Ms Q, agreeing that the financial adviser should have taken better care of her money and could have prevented the fraud.

The factor that was of central importance in the reasoning of the Financial Ombudsman was that the investment provider had notified the financial adviser that it could not trace the firm of the Hong Kong solicitors who were initially meant to receive the money.

Financial adviser told to pay full amount of unrecovered funds

In the Financial Ombudsman’s view, β€œalarm bells should certainly have started ringing” at this point and the obvious course of action for the financial adviser would have been to ring Ms Q to confirm her instructions.

The Financial Ombudsman ordered the financial adviser to pay the investment provider the full amount of the money which had not been recovered, so that Ms Q did not suffer any loss as a consequence of the scam.

Australian investors equally at risk of being scammed

While this case took place in the UK, there are similar cases that have been reported by the Australian Financial Complaints Authority (AFCA, previously the Financial Ombudsman Service, FOS).

In July 2025, AFCA reported an 18% increase in the number of complaints related to investments and advice in the 2024-25 financial year, with a total of 4,193 cases reported, up from 3,559 such complaints in 2023-24.

While Ms Q’s complaint related to investments, it also falls into the broader category of business email compromise and payment redirection scams, which involve hacking emails, impersonating the victim and intercepting and altering payment details.

AFCA has repeatedly warned that such scams can cause major financial losses, particularly in property settlements and large transactions.

We continue to remind our clients that scammers are increasingly skilled at hacking email accounts to impersonate conveyancers or real estate agents, and giving false account numbers to divert the money intended for home deposits or business payments.

For this reason we urge you not to rely on emails alone, but always verify bank account details over the phone before making or receiving money transfers.

For more information please see the articles below.

Protect yourself against payment redirection scams

Business email compromise scams conning Australians out of millions

Can a vendor terminate a contract for sale of land if the purchaser mistakenly pays the deposit to a cybercriminal? Which case won?

β€œI lost my money in a cryptocurrency scam. My financial firm should have warned me.” Which case won?

NOTICE: This article is accurate as at the time of publication and does not constitute legal advice. Please see our legal notices page for more information. Information related to coronavirus can be outdated very quickly.

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