Civil Fraud and Asset Tracing Notes

High Court decision on the admissibility of improperly obtained evidence

Important Supreme Court decision on "Quincecare" duties of care and corporate attribution

Court of Appeal considers whether "ordinary and proper course of business" undertaking prevents financing ICSID case and funding extradition defence of company director

The Court of Appeal has overturned two High Court orders that a mining company's proposed payments to fund litigation by related parties were not …

Court of Appeal confirms test for dishonesty in dishonest assistance claims

Court of Appeal upholds freezing order preventing party from making payments in the ordinary course of business

The Court of Appeal has dismissed an appeal against the removal of a so-called Angel Bell exception to a post-judgment freezing order, with the effect …

Court of Appeal decision emphasises need to plead conspiracy claim in full 

In a recent decision, the Court of Appeal upheld the High Court's refusal to allow the claimants to pursue claims in unlawful means conspiracy: Elite …

Supreme Court clarifies test for setting aside judgment for fraud

The Supreme Court has resolved uncertainty as to the test that must be met when seeking to set aside a judgment on the grounds that it was obtained by …

Court of Appeal gives guidance on scope of fiduciary duty in "secret commissions" case

The Court of Appeal has found that there was no breach of fiduciary duty where an introducing broker failed to inform its client investors of the amount …

Court of Appeal confirms correct legal test for determining a principal's liability for its agent's fraudulent misrepresentation

The Court of Appeal has confirmed that, where a claimant has suffered loss in reliance on an agent's fraud, the principal will be vicariously liable only …