Court of appeal determines that Claimants are not required to establish a fiduciary relationship in order to obtain relief against the payer of an undisclosed commission

In an appeal against two High Court decisions, the Court of Appeal has found that a fiduciary relationship is not a necessary pre-condition to relief in respect of an undisclosed commission paid to an agent. Instead, the court should determine whether the agent was obliged to provide information, advice or recommendation on an impartial or … Read more

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

The Court of Appeal has struck out Quincecare duty and dishonest assistance claims brought by the liquidators of a company running a Ponzi scheme against a correspondent bank that operated various accounts for the company. In doing so, the Court of Appeal confirmed that the scope of the Quincecare duty is limited to protecting customers of the financial institution, … Read more

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

In a recent decision, the High Court has struck out claims against a defendant bank alleging implied fraudulent misrepresentations in relation to LIBOR, on the basis that the claimants had failed to plead that the alleged representations were actively present in their mind when entering into the products in question and therefore the claim stood … Read more

High Court considers where cryptocurrencies are located and compels disclosure of information by cryptocurrency exchanges outside the UK

The High Court has ruled on an ex parte interim application involving allegations of extensive cyber fraud relating to a cryptocurrency initial coin offering. The court granted both a worldwide freezing order and an ancillary disclosure order against the alleged fraudster, whose identity is not known: Ion Science Ltd v Persons Unknown (unreported, 21 December … Read more

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

The Supreme Court has held that a claimant who had engaged in mortgage fraud was not barred from bringing a claim against her solicitors for negligently failing to register the forms transferring the property to her and releasing a prior mortgage: Stoffel & Co v Grondona [2020] UKSC 42. The decision applies the (relatively) new … Read more

Court of Appeal finds claimant breached terms of search order by conducting keyword searches of electronic data 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 evidence that is at risk of being destroyed by a defendant or potential defendant, and that a search order does not allow a claimant to inspect documents to … Read more