In a recent decision, the High Court granted summary judgment dismissing a claim on the basis that the transaction relied on by the claimant was a fiction and the key documentary evidence had been fabricated. In doing so, it rejected the claimant’s argument that the defendant’s allegations of fraud and forgery could only properly be … Read more

In a recent decision the Court of Appeal has analysed how a court should apply the established test as to when a judgment should be set aside on the basis of fraud: Tinkler v Esken Ltd [2023] EWCA Civ 655. Despite the traditional adage that “fraud unravels all”, an unsuccessful litigant must do more than merely produce evidence … Read more

The Supreme Court this week handed down its seminal judgment in Philipp v Barclays Bank UK plc [2023] UKSC 25, considering the application of the so-called Quincecare duty to the victim of an “authorised push payment” fraud (in which the victim is induced to authorise their bank to send a payment to a bank account controlled by the … Read more

The Court of Appeal has agreed to hear an appeal that is expected to involve it addressing the legal foundations of civil claims in respect of undisclosed or “secret” commissions – and what that means for the conduct of proceedings pursuing such actions. Read more

The Court of Appeal has set aside a freezing order obtained by a provisional liquidator within winding up proceedings, on the basis that the cross-undertaking in damages given by him was inadequate because it was limited to the amount recovered for the estate. The liquidator had not discharged the burden of showing good reason to … Read more

A recent Court of Appeal decision has added to the case law considering the operation of section 32(1)(a) of the Limitation Act 1980 (the Act), under which the limitation period for bringing fraud claims does not start until the claimant discovered, or could with reasonable diligence have discovered, the fraud: Seedo v El Gamal and others … Read more

In an important decision in the developing law on cryptocurrency fraud, the English High Court has discharged an interim proprietary injunction against the cryptocurrency exchange Binance. The interim injunction had required Binance to preserve certain cryptocurrency that the claimant, the alleged victim of a cryptocurrency fraud, claimed to be able to trace to the exchange: … Read more

In a recent decision, the High Court has upheld an injunction restraining a defendant from abusing, harassing or threatening the claimant’s solicitors until trial or further order.  In doing so, it made clear that the court’s approach to granting interim injunctions has been fundamentally altered by the the Privy Council”s “ground-breaking exposition of the law … Read more