Civil Fraud and Asset Tracing Notes

Supreme Court clarifies deliberate concealment gateway for postponing limitation

Freezing orders: Privy Council considers the recovery of damages under cross-undertakings

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

Postponement of the limitation period in fraud claims - High Court considers s32(1) Limitation Act

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 …

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 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 appropriate means for challenging judgment allegedly obtained by fraud

The Court of Appeal has dismissed an application made after final judgment to strike out a claim for abuse of process under CPR 3.4 or to set aside the …