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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
A recent Court of Appeal decision highlights the principles a court will apply when deciding whether a benefit received by a victim of fraud reduces its recoverable loss. The court in this case decided that the claimant’s damages for an unlawful means conspiracy could be reduced to reflect any benefit it had obtained by negotiating … Read more
The Court of Appeal has upheld the High Court’s decision that a release clause in a settlement agreement included unknown claims based on dishonesty and fraud, despite the terms of the release not expressly referring to such claims: Maranello Rosso Ltd v Lohomij BV [2022] EWCA Civ 1667. The Court of Appeal endorsed the judge’s … Read more
The High Court has interpreted the contractual release in a settlement agreement as extending to unknown claims based on dishonesty and fraud, despite the terms of the release not expressly referring to such claims. The claimant was therefore precluded from pursuing further claims alleging deliberate wrongdoing following the receipt of what it said was new … Read more
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 Property Holdings Ltd v Barclays Bank plc [2019] EWHC Civ 204. While this decision did not involve new law, it serves as a reminder of the difficulties of bringing a … Read more
In a recent decision, the High Court refused the defendant financial advisers and agents permission to call expert evidence of financial market practices in relation to an allegation that they had acted dishonestly: Carr v Formation Group Plc [2018] EWHC 3116. The court noted that the standard of honesty is an objective one, and it … Read more