Victims who have lost out to scammers promoted high up in Google search results may have a legal claim against the $1trillion internet giant, lawyers have said.

Google is retaining tens of millions in profits it has made from con artists or rogue investment schemes paying for ads so they appear first when consumers are shopping around for “safe” and “protected” savings and bonds accounts.

So far the internet firm has ignored calls to return the money or dedicate it to tightening its security to prevent further harm.

This could amount to “unjust enrichment” and would allow victims to mount a claim to get some of their money back, according to Bambos Tsiattalou of Stokoe Partnership Solicitors, a law firm.

However, taking on the world’s most powerful search engine would not be easy, he added.

“Much would depend on Google’s state of knowledge. If Google knew the ads were for scams, and yet continued to publish them, then those defrauded may be in a position to take legal action. Otherwise, they would be unlikely to be able to hold Google liable.

“One difficulty is that internet companies often claim that they are not publishers, legally speaking. They argue that they merely transmit information, and so are no more liable than a phone company when a fraudulent call travels down their wires,” he said.

It comes as watchdogs seek to crack down on fraud in the internet age. An estimated £50.1m was stolen from almost 4,000 savers who were persuaded to pump cash into fake investments in 2018 alone, according to banking body UK Finance.

The financial regulator the Financial Conduct Authority (FCA) has been in talks with Google over the problem for months, but recently admitted it had no power to police the firm, as it falls outside of its jurisdiction.

Last week the FCA said it was disappointed such “financial harms” were not included in the Government's initial response to new legislation designed to protect vulnerable groups surfing the web.