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Court of Appeal clarifies test for risk of dissipation of assets for notification injunctions
The Court of Appeal has held that a notification injunction (an order requiring a respondent to give notice of any dealings with or disposal of assets or …
Court of Appeal finds third party who conspired with defendant to breach freezing order could be liable for tort of conspiracy to injure by unlawful means
In a claim by JSC BTA Bank against the son-in-law of its former Chairman alleging conspiracy to injure by unlawful means, the Court of Appeal held that …
Springboard injunction granted for misuse of confidential information relating to production process
The High Court has recently considered when, and for how long, injunctive relief should be granted as a remedy for breach of confidence: Kerry …
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 …
Supreme Court considers whether an injunction can still serve a useful purpose if defeated in part
The Supreme Court has today allowed an appeal by a celebrity (PJS) seeking an injunction preventing publication of details of his private life, by a …
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 …
Supreme Court clarifies scope of "assets" covered by a freezing order
In a unanimous decision, the Supreme Court has confirmed that the right to draw down under loan agreements is caught by the expanded definition of …
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 …
Upcoming webinars: freezing orders, class actions and contracts
Over the next few weeks we will be delivering a number of disputes-related webinars for Herbert Smith Freehills clients and contacts, including …
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 …
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