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Court of Appeal rejects illegality defence in claim against liquidator
The Court of Appeal has refused to allow a liquidator of a company that was the vehicle for a VAT fraud to rely on the defence of illegality in defending …
Supreme Court clarifies scope of "assets" covered by a freezing order
In a unanimous decision, the Supreme Court has confirmed that the right to draw down under loan agreements is caught by the expanded definition of …
Privy Council confirms availability of backward tracing
"Happy is he who can trace effects to their causes", Virgil observed. Well, victims of fraud will certainly be happy with the Privy Council's decision in …
Upcoming webinars: freezing orders, class actions and contracts
Over the next few weeks we will be delivering a number of disputes-related webinars for Herbert Smith Freehills clients and contacts, including …
Court of Appeal refuses to set aside settlement agreement despite new evidence of fraud
The Court of Appeal has refused to set aside a settlement agreement on the basis of new evidence indicating that the claimant's case had been …
Supreme Court confirms company in liquidation not prevented from claiming against directors on the basis of fraud attributable to the company
The Supreme Court has unanimously upheld a Court of Appeal decision refusing to strike out a claim by a “one-man” company in liquidation, which had been …
Court of Appeal clarifies jurisdiction to order disclosure in support of freezing injunctions
Very often, when seeking to obtain a freezing injunction, the true extent of the defendant's assets is unclear. Complex and opaque offshore corporate or …
Herbert Smith Freehills fraud bulletin published
Our trusts, fraud and asset tracing group has published its bi-annual fraud update, which includes the following articles: Freezing …
Showing 8 out of 8 results