Fraud
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 no separate or freestanding requirement of an “intention to deceive”: Eco 3 Capital and others v Ludsin … Continue reading
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 him, because those details were protected by legal professional privilege and because disclosure … Continue reading
Filed under Confidentiality, Fraud, Privilege
Article published on new Europe-wide freezing order
The European Parliament and the Council of the EU are currently considering a proposed Regulation for a new European Account Preservation Order, which will introduce a new and additional kind of bank freezing order available throughout the EU (see post). The UK … Continue reading
Filed under Fraud, Injunctions
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 who want to know what they can do after being served with a Freezing Order. This is part of our series of … Continue reading
Filed under Announcements, Fraud, Injunctions
Webinar alert – Fraud update
On Thursday 8 December (12:45 to 1:45 UK time) Robert Hunter, John Corrie, Lucy Hopkins, Ben Cameron and Will Turner will present a live audio webinar to update listeners on recent developments in fraud and asset tracing litigation, including: Lying about creditworthiness: Section 6 of the Statute … Continue reading
Filed under Announcements, Fraud
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:
Filed under Fraud
UK not opting in to proposed European Account Preservation Order Regulation
The government yesterday announced that the UK would not be opting in to the proposed Regulation establishing a Europe-wide bank account freezing order (click here for our summary of the proposals). Although the government recognises the benefits of the proposal in facilitating cross-border debt-recovery, … Continue reading
Filed under Fraud, Injunctions
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 information in purported compliance with the terms of the court’s orders, and has refused to grant further relief: JSC BTA Bank v … Continue reading
Filed under Fraud, Interim applications
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 client’s contact details in order to assist in the enforcement of a committal order: … Continue reading
Filed under Enforcement, Fraud
Draft Regulation released proposing Europe-wide freezing orders
On 25 July 2011, the European Commission released the proposed European Account Preservation Order (EAPO) Regulation, which has been submitted for consideration by the European Parliament and the Council of the EU. Whilst it is likely to be several years … Continue reading
Filed under Fraud, Injunctions
