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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, …
Court of Appeal finds company in liquidation not prevented from claiming against directors on basis fraud attributable to company
The Court of Appeal has unanimously upheld an order refusing to strike out a claim by a "one-man" company in liquidation, which had been the vehicle for …
Court of Appeal confirms mental element of deceit
The Court of Appeal has considered the mental element required for a successful claim in deceit, or fraudulent misrepresentation, finding that there is …
Disclosure of client contact details: conflicting approaches
The High Court has refused to order a firm of solicitors to disclose a client's contact details to assist in the enforcement of a committal order against …
Webinar alert - what to do when you've just been given notice of a Freezing Order
On Thursday 19 January (12:45 to 1:45 UK time) Robert Hunter will present a live audio webinar offering practical advice to those …
Webinar alert - Fraud update
On Thursday 8 December (12:45 to 1:45 UK time) Robert Hunter, John Corrie, Lucy Hopkins, Ben Cameron and …
Corporate fraud, investigations and asset recovery update
Our latest fraud update has been published. Click here to download a pdf. It contains articles on the following: Herbert Smith’s guide …
Revocation of order granting relief from sanction
The High Court has revoked its previous order granting relief from sanction under an unless order, where the respondents had given false …
Solicitors ordered to disclose client's contact details
In a judgment that will be welcomed by parties seeking to enforce committal orders, the High Court has ordered a firm of solicitors to disclose a …
Who 'owns' a bribe - the recipient or victim?
The Court of Appeal has given judgment in Sinclair Investments (UK) Limited v Versailles Trading Finance Limited & Others ([2011] EWCA Civ 347), …
Herbert Smith secures victory for BSkyB in landmark litigation against EDS
Herbert Smith's dispute resolution team has secured a major victory for BSkyB against IT supplier EDS (now part of Hewlett-Packard) in a claim for …
House of Lords rules on auditors’ liability in fraud case
In a decision handed down just before the end of term, auditors have won an important House of Lords ruling limiting their liability in cases where a …
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