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Court of Appeal clarifies test for setting aside judgment for fraud
UPDATE: On 20 March 2019, the Supreme Court overturned the Court of Appeal’s decision: Takhar v Gracefield Developments Ltd [2019] UKSC 13. See …
Court of Appeal finds subsequent events should not be taken into account to reduce defrauded claimant's damages
The Court of Appeal has held that a defrauded purchaser's damages should not be reduced on the basis that, as matters transpired, the purchaser was not …
Supreme Court holds that a settlement may be set aside for fraud even if fraud was suspected
The Supreme Court has held unanimously that, where a party seeks to set aside a settlement agreement on the grounds that it was induced to enter into it …
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 …
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 …
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 …
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 …
Supreme Court finds trustee fraud exception under Limitation Act does not apply to claims for dishonest assistance / knowing receipt
Often, a substantial time may have passed before a beneficiary becomes aware of a fraudulent breach of trust. Even when the fraud has been discovered, …
Court of Appeal finds company in liquidation not prevented from claiming against directors on basis fraud attributable to company
The Court of Appeal has unanimously upheld an order refusing to strike out a claim by a "one-man" company in liquidation, which had been the vehicle for …
Court of Appeal confirms mental element of deceit
The Court of Appeal has considered the mental element required for a successful claim in deceit, or fraudulent misrepresentation, finding that there is …
Disclosure of client contact details: conflicting approaches
The High Court has refused to order a firm of solicitors to disclose a client's contact details to assist in the enforcement of a committal order against …
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