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  28/08/2024

  England and Wales

  The dangers of overegging the pudding: a party’s duty of full and frank disclosure

  The High Court judgment in Apparel FZCO v Sheeraz Iqbal [2024] EWHC 1931 (Comm) serves as a useful reminder to applicants to carefully consider their duty of full and frank disclosure when making without notice applications and ensure that they present their case in a “fair, objective [and] even-handed manner”. BackgroundApparel Fzco allege that individuals impersonating retail buyers fraudulently deceived them into shipping goods valued in excess of £1 million to the fraudsters. The impersonators did not make payment for the goods, first claiming that they had not been delivered...

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  20/06/2024

  United Kingdom

  SFO’s Strategy for 2024-2029 – New Emphasis for the SFO

  The UK’s Serious Fraud Office (SFO) has unveiled its strategy for 2024-2029.  The Strategy reads rather more clearly and concisely than many corporate vision-statements of this sort, perhaps reflecting the pragmatic approach of the new Director, Nick Ephgrave QPM. There is considerable , and laudable, emphasis on values, technology and attracting “the brightest and best”.   Here are some of the more interesting highlights:ECCTA and Increased Investigatory PowersPrevious SFO Directors have strongly advocated for law reform, in particular extending the ambit of corporate...

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  27/05/2024

  Europe

  Aven v Council (T-301/22) and Fridman v Council (T-304/22)

  IntroductionThe EU and many other countries impose financial sanctions on individuals. These people, who are often wealthy businessmen with ties to particular governments, are “designated” under the relevant sanctions regime. The consequences of such designation are usually dire and, usually, any challenge to such a designation will be extremely difficult.However legal challenges are possible in the EU and other jurisdictions, and sometimes succeed. A recent example is the case of Mikhail Fridman and Petr Aven, who have persuaded a lower court of the EU to overturn their designation...

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  18/04/2024

  United Kingdom

  Transparency: ECCTA 2023 and Register of Overseas Entities update

  The Economic Crime and Corporate Transparency Act 2023 (ECCTA), which is aimed at tackling economic crime and preventing abuse of corporate structures in the UK, will not only fundamentally reform the administrative requirements for UK companies, limited liability partnerships and limited partnerships generally, but will also expand the requirements of the Register of Overseas Entities (ROE) regime for overseas entities holding or acquiring UK real estate.  The ROE is a register at Companies House which came into effect on 1 August 2022. Here are some FAQs providing information about...

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  17/04/2024

  United Kingdom

  APP fraud – Quincecare duty claims against banks replaced by new “retrieval duty” claims

  The recent decision in CCP Graduate School Ltd v National Westminster Bank plc and another [2024] EWHC 581 (KB), demonstrates how Claimants are repositioning claims against banks arising from authorised push payment (APP) fraud from breach of Quincecare duty claims to so-called “retrieval duty” claims.To date, the Courts have been reluctant to strike out such claims on a summary basis allowing them to proceed to trial. It is therefore likely that claimants will continue to frame claims against banks on this basis until the Courts determine the substantive merits of such claims.APP fraud...

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  27/11/2023

  United Kingdom

  Video surveillance in personal injury cases - QBE UK Limited v Mark Raymond Hilton

  An individual who exaggerated his injuries following an accident at work has been found in contempt of court and sentenced to 10 months, following the use of surveillance footage by insurer, QBE.BackgroundOn 31 July 2023, the court determined whether QBE UK Limited’s (“QBE”) application for permission to commence contempt proceedings against Mr Mark Hilton would be granted. Originally, Mr Hilton had issued proceedings, seeking damages of £600,000, following an accident at work. Within the defence, liability was admitted and proceedings, therefore, progressed in respect of...

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