24 results
A Guide to Directors Disqualification Proceedings in England and Wales
Company Directors are at risk of being disqualified under the Company Directors Disqualification Act 1986 from holding office following investigations which may take place if their company becomes insolvent or there is other alleged wrongdoing. This short guide is intended to help company directors more...
New Authority on Freezing Orders
On 19.11.19 the Court of Appeal delivered judgement in the case of Vneshprobank LLC v Georgy Ivanovich Bedzhamov and others [2019] EWCA Civ 1992 which has set out the key principles to be applied when an individual who is subject to a freezing order applies for reasonable living expenses to be more...
8 Apr 2019 10:43
Supreme Court confirms ‘fraud unravels all’Why is this case important? Walker Morris’ Andrew Beck and Tim Pickworth, specialists in litigation and dispute resolution with extensive experience of dealing with fraud cases, explain the Supreme Court’s recent decision in Takhar v Gracefield. This high profile case was concerned with the more...
4 Apr 2019 10:00
Dodging a bullet: reaching early determination in civil fraud proceedingsCivil fraud cases can be time consuming and costly for the parties involved. While litigation in the English courts has many advantages, cases can go on for years, demand extensive and potentially uncomfortable disclosure of documents, and require individuals to be cross-examined in court. Sometimes more...
25 Mar 2019 10:13
Setting aside judgments on the basis of fraudA bare-knuckle fight between the principles (1) that fraud unravels all, and (2) that there must come an end to litigation? Takhar v Gracefield Developments Ltd [2019] UKSC 13 Click here to read the full case note by Simon Wilton. more...
6 Feb 2019 12:18
The dangers of using third party references – a warning to businessesHigh stakes In October 2010 Hassan Barakat, a gentleman with an appetite for high stakes gambling, opened a £800,000 cheque cashing facility with the Playboy Club casino in London (the “Club”). The Club required a credit reference from the player’s bank for twice the amount of credit facility more...
6 Feb 2019 12:12
Aggressive Negotiation or Blackmail?Negotiations can be hard fought, with each party using whatever advantage is at their disposal to obtain the most favourable outcome they can. Such tough negotiation is all well and good as long as the actions of the parties, and the manner in which any “leverage” is used, does not stray over the more...
21 Jan 2019 14:30
Laura Hocknell defended client who defrauded students in Student Loan Company fraud receives suspended sentence.Laura Hocknell was instructed by ABV Solicitors. You can read more about this case in the following article:- Evening Standard - Conman who tricked students into applying for illegal loans faces jail The defendant pleaded guilty to his part in an extensive fraud on both university students and the more...
12 Dec 2018 15:19
Vicarious liability for fraud and reliance-based tortsThe Winter v Hockley Mint decision 1. In torts such as deceit, where liability depends on the claimant acting in reliance on a statement made to him, the test for establishing vicarious liability is not the same as for other wrongs committed in the course of a servant’s employment. 2. A principal more...
12 Dec 2018 15:02
Early dismissal of a £39m Commercial Court fraud and conspiracy claimA £39 million Commercial Court fraud and conspiracy claim has been struck out and summary judgment entered in the Defendants’ favour.The Claimant had been majority shareholder of Allerton Group Limited (“AGL”), the parent of a group involving steel fabrication and bridge building. The group entered more...
30 Nov 2018 09:10
Gareth Compton successfully represents council in bringing contempt of court caseCounsel from a Birmingham barristers’ chambers has represented a West Midlands council in a contempt of court case against a woman who fraudulently claimed for damages. Gareth Compton, of No5 Barristers’ Chambers, represented Walsall Metropolitan Borough Council in the case. Karen Britton, 45, of 44 more...
23 Nov 2018 09:23
Mortgage fraudster allowed to sue solicitorsThe Court of Appeal has allowed a claim against negligent solicitors, despite the fact that the claimant had committed mortgage fraud. In so doing, the Court of Appeal has provided important guidance on the application of the ‘illegality defence’. Sandip Singh, a Director in Walker Morris’ Banking more...
22 Nov 2018 09:41
Alexandra Felix prosecutes man given six-year sentence for Grenfell fraudSharife Elouahabi was given a six-year sentence at Isleworth Crown Court having falsely claimed more than £100,000 intended for victims of the Grenfell Tower fire. Mr Elouahabi had claimed he had been staying with relatives in a flat on the 21st floor of the tower block. In his sentencing remarks, more...
16 Nov 2018 16:12
Jurisdiction after Exit Day: What does the draft Withdrawal Agreement tell us?The Draft Withdrawal Agreement The draft Withdrawal Agreement between the United Kingdom and the European Union was approved by the UK Cabinet on Wednesday 14 November 2018. Formally the “14 November 2018 Draft Agreement on the Withdrawal of the United Kingdom … from the European Union and the more...
24 Oct 2018 09:58
Brie Stevens-Hoare QC and Oliver Hyams in major victory in fight against “possible fraud” aimed at the elderlyBrie Stevens-Hoare QC and Oliver Hyams are instructed by 27 victims of the ‘possible frauds’ perpetrated by Universal Wealth Management, a wealth planning firm that encouraged elderly individuals to set up trusts in order to avoid paying inheritance tax and care home fees. An investigation into the more...
22 Oct 2018 11:13
What should Claimants do when limitation is about to expire?Noting the recent Court of Appeal decision in Grant v Dawn Meats (UK), Stephen Innes and Hannah Daly of 4 New Square consider the options open to Claimants. When things go wrong in this situation, the courts always say that service should not be left to the last minute. That is the best advice of more...
18 Oct 2018 09:15
Edward Henry QC speaks at AIJA Art Law Today seminarEdward was invited to address the AIJA’s seminar at the British Library on 13th October, 2018. Mr Henry spoke on “A Short History of Art Fraud”. Click here to read Edward’s talk. See Mr Henry's QEB Hollis Whiteman profile here: Edward Henry QC more...
16 Oct 2018 15:21
APP and Cyber Fraud: a Commercial Litigator's PerspectiveWith increasingly complex authorised push payment frauds ensnaring a variety of deep pocket participants, Shail Patel looks at the nascent legal arguments and potential routes for recovery that a victim might pursue. Click here to view the article. © Shail Patel 2018 Disclaimer: this note is more...
4 Oct 2018 08:47
Chris Henley QC leading John Carl Townsend, Simon Csoka QC and Roxanne Morrell represent former directors of Solar Energy Savings Ltd (“SES”) in SFO prosecutionSES had devised the “360 Returns Scheme”, which promised customers a 100% return on the funds they had used in the purchase of the company’s solar panels. Customers were informed that the scheme was viable and had been underwritten by a policy of insurance. Contrary to those claims, the scheme was more...
The perils of non-disclosure: Fundo Soberano de Angola v dos Santos [2018] EWHC 2199 (Comm)
The perils of non-disclosure: Fundo Soberano de Angola v dos Santos [2018] EWHC 2199 (Comm) Overview In a scorching judgment handed down on 16 August 2018, Popplewell J discharged a US$3 billion worldwide freezing order granted on a without notice to the sovereign wealth fund of Angola against the more...
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