Civil Fraud and Asset Tracing Notes

Poor practice is not proof of dishonesty: Court of Appeal decision

The decision clarifies the standard for dishonest assistance claims against professionals.

Court of Appeal finds court retains jurisdiction to order further examination of judgment debtor until information provided

Court of Appeal holds fraudsters' intervention broke chain of causation

Commercial Court decision confirms corporate dishonesty cannot be assembled from the innocent states of mind of different executives

High Court discharges worldwide freezing order for lack of jurisdiction

Court of Appeal clarifies scope for claims against foreign third parties for assisting breaches of freezing orders

Supreme Court clarifies liability for equitable compensation for breach of fiduciary duty

Privy Council holds that there is no legal requirement in the tort of deceit to show that a claimant was consciously aware of the representation made

Reliance on a representation can be based on an unconscious assumption, but there must be a causal link between the defendant's words/actions and the …

High Court dismisses liquidator's dishonest assistance and fraudulent trading claims, rejecting all allegations of dishonesty

Supreme Court clarifies remedies available against dishonest assistant for breach of a constructive trust

High Court finds iniquity exception to privilege applied, but not on a blanket basis

Supreme Court confirms approach to postponement of limitation period in fraud cases involving dissolved companies

Companies seeking to postpone limitation on this basis will need to adduce evidence of what would have happened had they not been dissolved.