Civil Fraud and Asset Tracing Notes

Supreme Court applies Patel v Mirza to reject illegality defence where claimant had engaged in mortgage fraud

Court of Appeal finds claimant breached search order by keyword searching and considers interplay between search and imaging orders

In a recent decision the Court of Appeal has re-emphasised that the purpose of a search order (formerly known as an Anton Piller order) is to preserve …

Post-judgment worldwide freezing order granted against defendant who had advanced a fabricated defence at trial

In the case of GML International Ltd v Harfield [2020] 7 WLUK 362, the High Court granted a post-judgment worldwide freezing order against a judgment …

Court of Appeal clarifies whether a fledgling business can be pursued when a freezing injunction has been ordered

High Court finds “without prejudice” statements in mediation paper were admissible to defend against allegation of fraud

The High Court has held that statements made in a “without prejudice” (WP) mediation paper were admissible as they were to be used to rebut allegations …

High Court admits evidence of 'without prejudice' discussions to prove threat of dissipation of assets

Master finds privilege does not apply to documents held in solicitors' client files due to the fraud exception

A High Court Master has found that documents held by a firm of solicitors on behalf of a former client were not protected by legal professional …

High Court grants proprietary injunction against Bitcoin exchange holding proceeds of ransomware attack

The High Court has held that cryptoassets (in this case Bitcoin) can be treated as property under English law. As such, the owner of a cryptoasset can, …