Civil Fraud and Asset Tracing Notes

Postponement of the limitation period in fraud claims - High Court considers s32(1) Limitation Act

High Court decision highlights the need to prove inducement in claims for fraudulent misrepresentation

Court of Appeal holds that fiduciary relationship not necessary for undisclosed commission claims

Court of Appeal confirms that the Quincecare duty does not extend to protect creditors

Court of Appeal finds evidence should not have been excluded even if obtained by hacking

High Court finds that a claimant’s “awareness” of a representation is an essential prerequisite to a claim for misrepresentation

High Court considers location of cryptocurrencies and compels disclosure by cryptocurrency exchanges outside the UK

High Court considers distinction between dishonest assistance and knowing receipt

High Court confirms Quincecare duty does not extend to individuals

Supreme Court applies Patel v Mirza to reject illegality defence where claimant had engaged in mortgage fraud

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 …

Post-judgment worldwide freezing order granted against defendant who had advanced a fabricated defence at trial

In the case of GML International Ltd v Harfield [2020] 7 WLUK 362, the High Court granted a post-judgment worldwide freezing order against a judgment …