Supreme Court clarifies deliberate concealment gateway for postponing limitation

In a significant and much-anticipated judgment, the Supreme Court has clarified the elements that a claimant must establish in order to rely on the “deliberate concealment” gateway in section 32(1)(b) of the Limitation Act 1980 (the Act) and postpone the start of the limitation period: Canada Square Operations Ltd v Potter [2023] UKSC 41. Section … Read more

Setting aside a judgment for fraud: applying the three-limb test

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

Knowing receipt: Court of Appeal clarifies the necessary elements

The Court of Appeal has dismissed a knowing receipt claim against a bank for receipt of shares transferred to it in breach of trust, on the basis that the claimant did not have a continuing proprietary interest in the shares: Byers & Ors v The Saudi National Bank [2022] EWCA Civ 43. The decision provides helpful … Read more

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