Civil Fraud and Asset Tracing Notes

High Court finds company director liable for misrepresentations made on behalf of the business

Supreme Court clarifies deliberate concealment gateway for postponing limitation

Setting aside a judgment for fraud: applying the three-limb test

Court of Appeal finds settlement agreement released unknown fraud claims despite lack of express words to that effect

Knowing receipt: Court of Appeal clarifies the necessary elements

Setting aside judgments for fraud: Court of Appeal considers what level of prior knowledge will disentitle the innocent party

High Court finds settlement agreement released unknown fraud claims despite absence of express words covering fraud

Court of Appeal holds that fiduciary relationship not necessary for undisclosed commission claims

High Court considers distinction between dishonest assistance and knowing receipt

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 …

Permission for expert evidence of financial market practice refused in relation to allegations of dishonesty

In a recent decision, the High Court refused  the defendant financial advisers and agents permission to call expert evidence of financial market …