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Court of Appeal decision emphasises need to plead conspiracy claim in full
In a recent decision, the Court of Appeal upheld the High Court's refusal to allow the claimants to pursue claims in unlawful means conspiracy: Elite …
Supreme Court clarifies test for setting aside judgment for fraud
The Supreme Court has resolved uncertainty as to the test that must be met when seeking to set aside a judgment on the grounds that it was obtained by …
Court of Appeal gives guidance on scope of fiduciary duty in "secret commissions" case
The Court of Appeal has found that there was no breach of fiduciary duty where an introducing broker failed to inform its client investors of the amount …
Court of Appeal confirms appropriate means for challenging judgment allegedly obtained by fraud
The Court of Appeal has dismissed an application made after final judgment to strike out a claim for abuse of process under CPR 3.4 or to set aside the …
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 …
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