Aug 08, 2023 A guide to the tort of conspiracy in the 21st century By James Popperwell Nikolas Ireland Madeleine Brown Michael Freedman +1 more... Show less Although the tort of conspiracy dates back over 100 years, we have seen a real growth in the frequency of claims in civil fraud matters...
Jul 13, 2023 As you were: Supreme Court overturns Court of Appeal decision on broader application of Quincecare By Lorna Emson Nikolas Ireland James Reid Yesterday, the Supreme Court (SC) handed down judgment in Philipp v Barclays Bank UK Plc [2023] UKSC 25. In summary, the SC found that...
Jul 05, 2023 Top of the (fraud) cops: the SFO appoints its new director By Neill Blundell Max Hobbs The Serious Fraud Office (SFO) has appointed its new director. Nick Ephgrave QPM, a former assistant commissioner of the Metropolitan...
Jun 28, 2023 Failure to Prevent Fraud: Peers seek to widen the scope By Lorna Emson Helen Harvey Jenny Shelley The government tabled a new failure to prevent (FTP) fraud offence as part of the Economic Crime and Corporate Transparency Bill (ECCT...
Jun 14, 2023 When will a judgment be set aside for fraud? By James Popperwell Nikolas Ireland Madeleine Brown The Court of Appeal has clarified the test to have a judgment set aside on the basis it was obtained by fraud against the court. The test...
May 04, 2023 Ever get the feeling you’ve been cheated? The UK Government Fraud Strategy 2023 By Lorna Emson Francis Bond Joshua Rutt The UK Government has proclaimed a “fundamental shift” in its approach to tackling fraud, a problem that accounts for 40% of all recorded...
Apr 03, 2023 Best laid (economic crime) plans: the usual government rhetoric or an actual step forward? By Neill Blundell Helen Harvey Joshua Rutt Recognising the increasing threat to the UK’s national security and prosperity, on 30 March, HM Treasury and the Home Office published...
Feb 27, 2023 International evidence gathering - §1782 application found not to be “unconscionable” By Nikolas Ireland Madeleine Brown Obtaining evidence from an overseas jurisdiction should be a consideration of all litigants engaged in disputes with an international...
Nov 30, 2022 Putting the new gateways into practice: information orders against foreign non-parties By James Popperwell Nikolas Ireland Madeleine Brown In LMN v Bitlfyer Holdings Inc and others [2022] EWHC 2954 (Comm), the High Court has permitted service out of the jurisdiction using the...
Nov 09, 2022 Non-party disclosure: Court of Appeal confirms expansive approach By James Popperwell Nikolas Ireland Madeleine Brown Earlier this year, we wrote about the case of Gorbachev v Guriev and others, which found that litigants can apply for disclosure by a...
Aug 05, 2022 Government launches new Public Sector Fraud Authority By Lorna Emson Helen Harvey Helin Gurel On 3 August, the UK Government announced the launch of the Public Sector Fraud Authority (the Authority), a new body tasked with tackling...
Jun 24, 2022 Narrowing the scope of Section 1782 applications By James Popperwell Nikolas Ireland Jessica Arapu Under 28 U.S.C. § 1782 (“Section 1782”), US federal district courts may order parties based in the US to provide evidence for “use in a...
Jun 21, 2022 Know your fraud: specific fraud risk rather than general red flags are needed to invoke the Quincecare duty By Lorna Emson Nikolas Ireland James Reid The Quincecare duty has made the news once again. We recently commented on RBS v JP SPC 4 & another [2022] UKPC 18 and Philipp v Barclays...
May 23, 2022 The limit of Quincecare: Privy Council holds that banks do not owe a tortious duty of care to non-customers By Lorna Emson Nikolas Ireland James Reid In its recent judgment in RBS v JP SPC 4 & another [2022] UKPC 18 the Privy Council has provided an important insight into the scope of...
Nov 22, 2021 Paying the price: UK proposes mandatory rules for banks to compensate fraud victims By Lorna Emson James Reid The UK government has indicated that UK banks will be required to provide refunds to victims of “push payment” fraud (also known as “APP”...