An increasingly important tool available to victims of fraud is the civil court procedure under which an action can be commenced and injunctions obtained against defendants who are identified only as “Persons Unknown”, described only by reference to their conduct in connection with the wrongdoing. Previously used only in niche areas, such orders have recently … Read more

A recent High Court decision has considered the principles the court will apply when deciding whether a party owed a fiduciary duty in circumstances outside of the well-established categories of fiduciary relationships and in the absence of an explicit undertaking. The judgment suggests that such cases will be exceptional or at least uncommon: Kelly & … Read more

The UK is one of many countries that have introduced extensive sanctions against Russia, its individuals and entities in light of the ongoing military action in Ukraine. An area where the UK sanctions regime may have significant impact, but which is not often discussed, is the effect on proceedings in the English court involving sanctioned … Read more

A recent Court of Appeal decision is a useful reminder of the principles the court will apply when assessing damages for deceit / fraudulent misrepresentation in the context of corporate acquisitions and other asset purchases: MDW Holdings Limited v James Robert Norvill, Jane Rosemary Norvill and Stephen John Norvill [2022] EWCA Civ 883. The decision illustrates … Read more

A recent Court of Appeal decision adds to the case law on an issue that is often raised in fraud actions: whether the fraud element prevents the defendant from relying on legal privilege because of the “iniquity exception” – that privilege does not apply to protect communications made in furtherance of a crime, fraud or … Read more

The Privy Council has considered the approach to assessing damages payable by an unsuccessful claimant under the standard cross-undertaking to compensate the respondent to a freezing order for any loss resulting from the order. The decision is relevant to applicants for freezing orders, who can potentially face very large claims if their substantive action fails, … Read more

Adding to the run of recent cases involving fraud or theft of cryptoassets, the High Court has granted an order restraining “persons unknown” from dissipating NFTs allegedly stolen from the claimant’s cryptoasset wallet: Lavinia Deborah Osbourne v (1) Persons Unknown (2) Ozone [2022] EWHC 1021 (Comm). (The decision dates from March this year, but the … Read more

The circumstances in which the English courts can grant permission to serve civil claims out of the jurisdiction will soon be expanded substantially, including a number of changes that could potentially make it easier to pursue cross-border fraud actions in some cases. A suite of proposals to amend and add to the existing list of … Read more