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

Court of Appeal confirms test for dishonesty in dishonest assistance claims

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

Court of Appeal decision emphasises need to plead conspiracy claim in full 

In a recent decision, the Court of Appeal upheld the High Court’s refusal to allow the claimants to pursue claims in unlawful means conspiracy: Elite Property Holdings Ltd v Barclays Bank plc [2019] EWHC Civ 204. While this decision did not involve new law, it serves as a reminder of the difficulties of bringing a … Read more

Supreme Court clarifies test for setting aside judgment for fraud

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