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.

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

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 …