Court of Appeal considers whether “ordinary and proper course of business” undertaking prevents financing ICSID case and funding extradition defence of company director

17 July, 2019
The Court of Appeal has overturned two High Court orders that a mining company’s proposed payments to fund litigation by related parties were not permitted under the company’s undertaking not to dispose of or deal with its funds “other than in the ordinary and proper course of its business”: Koza Ltd v Akcil & Ors … Read more

Court of Appeal confirms test for dishonesty in dishonest assistance claims

01 May, 2019
The Court of Appeal has held that an accountant member of a multi-disciplinary firm of solicitors was liable as an accessory for dishonestly assisting breaches of trust, overturning the High Court’s decision to the contrary: Group Seven Limited & Ors v Notable Services LLP & Ors [2019] EWCA Civ 614. The appeal turned on the question of whether … Read more

Supreme Court clarifies test for setting aside judgment for fraud

21 March, 2019
The Supreme Court has resolved uncertainty as to the test that must be met when seeking to set aside a judgment on the grounds that it was obtained by fraud. Overturning the Court of Appeal’s decision, it confirmed that there is no need to demonstrate that the evidence of fraud could not have been obtained … Read more

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

19 December, 2018
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