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 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

Two recent English court decisions provide useful guidance as to the role of private litigants when they bring an application seeking the committal of another party for civil contempt.  In particular, they shed light on the extent to which the applicant’s private interests can be a legitimate consideration in such applications, as distinct from the … Read more

The Court of Appeal has allowed a party to proceed with an action seeking to set aside a default judgment against him in earlier proceedings on the basis that the judgment was procured by fraud. The fact that, prior to the original proceedings, the party was aware of the factual circumstances now relied on to … Read more

The Court of Appeal has dismissed an appeal against a judge’s decision upholding a claim where the claimant had relied on evidence obtained through the unlawful hacking of the defendant’s computer. The court found that, even if the claimant was responsible for the hacking (which had not yet been established) and its case would have … Read more

The High Court has held that statements made in a “without prejudice” (WP) mediation paper were admissible as they were to be used to rebut allegations of fraud, by showing that the claimants had known about, and approved, the transactions said to constitute the alleged fraud: Berkeley Square Holdings v Lancer Property Asset Management Ltd … Read more

A recent High Court decision serves as a reminder that there is no strict rule excluding evidence that is improperly obtained, and that in circumstances where the evidence is relevant, has probative value, and does not impact the fairness of the litigation, the courts are inclined to admit the evidence: Mustard v Flower [2019] EWHC 2623 … 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