The High Court has reaffirmed its jurisdiction under section 37(1) of the Supreme Court Act 1981 to compel defendants who are subject to the court’s jurisdiction to disclose their assets worldwide in order to aid execution of a judgment or (as in this case) arbitration award, despite the absence of a freezing injunction: Cruz City 1 … Read more

The Court of Appeal has considered the mental element required for a successful claim in deceit, or fraudulent misrepresentation, finding that there is no separate or freestanding requirement of an “intention to deceive”: Eco 3 Capital and others v Ludsin Overseas Ltd [2013] EWCA Civ 413. Having reviewed the case law, the court confirmed that … Read more

In a judgment handed down yesterday, the Supreme Court held that there is no general rule that an authority such as the FSA, seeking an injunction in the course of its public functions, should be required to give a cross-undertaking in damages in favour of third parties affected by the injunction, and that there were no particular … Read more