Civil Fraud and Asset Tracing Notes

Court of Appeal clarifies whether a fledgling business can be pursued when a freezing injunction has been ordered

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 …

High Court admits evidence of 'without prejudice' discussions to prove threat of dissipation of assets

Master finds privilege does not apply to documents held in solicitors' client files due to the fraud exception

A High Court Master has found that documents held by a firm of solicitors on behalf of a former client were not protected by legal professional …

High Court grants proprietary injunction against Bitcoin exchange holding proceeds of ransomware attack

The High Court has held that cryptoassets (in this case Bitcoin) can be treated as property under English law. As such, the owner of a cryptoasset can, …

High Court decision on the admissibility of improperly obtained evidence

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

Court of Appeal upholds freezing order preventing party from making payments in the ordinary course of business

The Court of Appeal has dismissed an appeal against the removal of a so-called Angel Bell exception to a post-judgment freezing order, with the effect …

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 …