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… 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… Read more

Herbert Smith Freehills fraud bulletin published

Our trusts, fraud and asset tracing group has published its bi-annual fraud update, which includes the following articles: Freezing injunctions: whose assets are covered? A view from Hong Kong: top court looks at attribution of knowledge of fraudulent acts by directors to a company Supreme… Read more

Court of Appeal confirms mental element of deceit

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… Read more

Article published on new Europe-wide freezing order

The European Parliament and the Council of the EU are currently considering a proposed Regulation for a new European Account Preservation Order, which will introduce a new and additional kind of bank freezing order available throughout the EU (see post). The UK… Read more

Webinar alert – Fraud update

On Thursday 8 December (12:45 to 1:45 UK time) Robert Hunter, John Corrie, Lucy Hopkins, Ben Cameron and Will Turner  will present a live audio webinar to update listeners on recent developments in fraud and asset tracing litigation, including: Lying about creditworthiness: Section 6 of the Statute… Read more

Revocation of order granting relief from sanction

The High Court has revoked its previous order granting relief from sanction under an unless order, where the respondents had given false information in purported compliance with the terms of the court's orders, and has refused to grant further relief: JSC BTA Bank v… Read more

Corporate fraud, investigations and asset recovery update

Our summer fraud update has been published, with articles on the following: Delaying asset disclosure under worldwide freezing orders: No more pulling yourself up by your bootstraps? JSC BTA Bank v Ablyazov & Others [2010] EWHC 2352 (Comm) Accepting the… Read more

Who ‘owns’ a bribe – the recipient or victim?

The Court of Appeal has given judgment in Sinclair Investments (UK) Limited v Versailles Trading Finance Limited & Others ([2011] EWCA Civ 347), firmly dismissing the appeal - and the defendants' cross appeal - from the judgment of Mr Justice… Read more

Think carefully before refusing to mediate

The court may penalise a party in costs even if it takes the view that any mediation would have been unlikely to succeed: Attorney General of Zambia v Meer Care & Desai (A Firm) and others [2007] EWHC 1540 (Ch). … Read more