Legal question of scam recompense ‘unsettled’
Mason Hayes & Curran’s annual dispute resolution conference will this year examine the growing challenges posed by fraud, artificial intelligence (AI) and expert evidence in Irish litigation.
The event, titled ‘Evidence, fraud and the changing litigation landscape,’ will take place on Wednesday, 30 September, at the Royal Irish Academy of Music in Dublin 2.
A focus of the conference will be authorised push payment (APP) fraud, where victims are deceived into personally authorising payments to fraudsters.
The issue raises difficult legal questions about who should ultimately bear the financial loss.
In particular, the conference will consider whether a financial institution that follows its customer’s instructions can be held liable when the customer has been scammed, and whether victims can take action against the bank that received the fraudulent payment.
MHC said that the issue has become increasingly significant in Ireland.
According to figures from the Central Bank published this month, losses from fraud in which victims were tricked into authorising payments reached €74.86 million in 2025.
Overall payment fraud increased by 27.2% to €179.04 million.
The conference will consider whether existing legal rules adequately protect victims and what changes might be needed at Irish and EU level.
Gerard Kelly SC, partner and co-head of dispute resolution at Mason Hayes & Curran, highlighted the growing sophistication of fraud, particularly as advances in AI make scams more convincing.
Legal position
He noted that the legal position concerning responsibility for authorised payments remains unsettled and that the conference will examine how the allocation of risk could develop.
The will be chaired by Conor O’Leary of MHC.
Speakers will include:
- Elizabeth Corcoran BL,
- Sean Crowley of Secora Consulting, and
- Niamh Davenport, Head of Financial Crime at Banking & Payments Federation Ireland.
The second major theme will be expert evidence in litigation, with particular attention to the impact of AI.
The panel will examine recent legal developments involving AI-generated “hallucinations” and a recent practice direction concerning the use of AI in court documents.
It will also explore the responsibilities of expert witnesses and lawyers who instruct them, as well as the qualities that make expert evidence credible.
Judicial experience
Former Court of Appeal judge Michael Peart will provide insights based on his judicial experience.
The conference will be opened by Attorney General Rossa Fanning SC, who will deliver a keynote address on developments in the Irish legal system.
The event will run from 8-11 am on 30 September.
Attendance is free, although places are limited.
Registration details are at MHC.ie/DR2026.