Tag: supreme court
Showing 12 out of 12 results
Supreme Court clarifies the Quincecare duty on financial institutions executing customer payments
The Quincecare duty: A novel and influential judgment
Supreme Court strikes out Quincecare claim where no loss suffered by insolvent Ponzi scheme
Supreme Court applies Patel v Mirza to reject illegality defence where claimant had engaged in mortgage fraud
Important Supreme Court decision on "Quincecare" duties of care and corporate attribution
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 …
Supreme Court considers whether an injunction can still serve a useful purpose if defeated in part
The Supreme Court has today allowed an appeal by a celebrity (PJS) seeking an injunction preventing publication of details of his private life, by a …
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 …
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 …
Supreme Court: Bribes received by an agent are held on trust for the principal
Who is the rightful owner of a bribe? Is a bribe or secret commission received by an agent "held on trust" for his principal? Or is the principal's claim …
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, …
Supreme Court confirms FSA not required to give cross-undertaking in damages
In a judgment handed down yesterday, the Supreme Court held that there is no general rule that an authority such as the FSA, seeking an injunction …