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

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

Cross-Border Litigation – international perspectives

We are pleased to publish the second issue of our periodic publication “Cross-Border Litigation”, designed to highlight legal and practical issues specific to litigation with an international aspect. Tapping into the expertise of the firm’s leading commercial litigators across the globe, the publication gives readers the benefit of their hands-on experience and flags key developments that should … Read more

Court of Appeal clarifies test for setting aside judgment for fraud

The Court of Appeal has clarified the test that must be met when seeking to set aside a judgment on the grounds that it was obtained by fraud: Takhar v Gracefield Developments Ltd and others [2017] EWCA Civ 147. The decision confirms that the court must be satisfied that evidence of the fraud was not … Read more

Privy Council confirms availability of backward tracing

“Happy is he who can trace effects to their causes”, Virgil observed. Well, victims of fraud will certainly be happy with the Privy Council’s decision in The Federal Republic of Brazil v Durant International Corporation (Jersey) [2015] UKPC 35. In an appeal from the Court of Appeal of Jersey, the Board confirmed the availability of … Read more