Civil Fraud and Asset Tracing Notes

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

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.

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