Crypto fraud: High Court decision on tracing and enforcing against cryptoassets

The High Court has granted the first third-party debt order in relation to cryptocurrency in an application involving allegations of fraud related to a cryptocurrency initial coin offering.  A third-party debt order (formerly known as a garnishee order) is a method of enforcing a money judgment by recovering sums that are in the hands of … 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

Fraudulent misrepresentation: High Court considers the requirement for claimants’ “awareness” of implied representations

In the context of an application to strike out or summarily dismiss a claim for fraudulent misrepresentation, the High Court has held that conscious awareness of the alleged implied representation was not necessary for the claim to have a real prospect of success at trial: Crossley & Ors v Volkswagen Aktiengesellschaft & Ors [2021] EWHC 3444 … Read more

Court of Appeal finds claimant breached terms of search order by conducting keyword searches of electronic data and considers interplay between search and imaging orders

In a recent decision the Court of Appeal has re-emphasised that the purpose of a search order (formerly known as an Anton Piller order) is to preserve evidence that is at risk of being destroyed by a defendant or potential defendant, and that a search order does not allow a claimant to inspect documents to … Read more