High Court finds settlement agreement released unknown fraud claims despite absence of express words covering fraud

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

Court of Appeal decision emphasises need to plead conspiracy claim in full 

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

Permission for expert evidence of financial market practice refused in relation to allegations of dishonesty but granted for other purposes

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