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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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  27/10/2023

  International

  In overturning USD 11 billion award for fraud, High Court invites discussion on arbitration’s ability to resolve large disputes involving states

  On 23 October, in The Federal Republic of Nigeria v Process & Industrial Developments Ltd. [2023] EWHC 2638 (Comm), Mr Justice Robin Knowles found that an arbitration award for USD 11 billion had been “obtained by fraud” and thus was “contrary to public policy.” While the Court has yet to decide whether the award should be entirely set aside or remitted to the arbitral tribunal, Mr Justice Knowles invited discussion upon how his factual findings touched upon several key issues central to the rule of law and the conduct of arbitration including the ability of the arbitral...

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  06/06/2023

  England and Wales

  Limitation periods in fraud claims: Court of Appeal clarification

  IntroductionThe Court of Appeal (“CA”) has recently considered the application of s.32(1)(a) of the Limitation Act 1980 (“LA 1980”) which provides that where an action is based on the fraud of a defendant the limitation period does not begin to run until the claimant has discovered, or could with reasonable diligence have discovered, the fraud. This means that in a claim based on the tort of deceit, where the limitation period is 6 years, the claimant has 6 years from discovery of the fraud, or from when the fraud could have been discovered with reasonable diligence, to...

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  21/04/2023

  United Kingdom

  Corporate failure to prevent fraud – a new era in UK law

  Corporate Criminal LiabilityIt used to be that company law and criminal law had very little to do with each other.  From the nineteenth century onwards, what we might call the “classical” theory of English corporate law held that, although civil liabilities could be incurred on behalf of a company by the company’s agents (such as directors or employees), mere agency was not enough to make a company liable for most crimes which require a specific mental state.An example is fraud. For a fraud to be committed the perpetrator must possess the mental state of dishonesty. The classical...

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  28/02/2023

  República Checa

  Compliance management systems in Czech criminal law

  Czech criminal law enables legal entities to be exempted from criminal liability if the legal entity makes every effort reasonably required to prevent listed persons from committing crimes. Listed persons include members of a governing body or another person in a managerial position; a person in a managerial position performing managerial or supervisory activities; a person exercising decisive influence over the legal entity’s management; an employee or a person in a similar position performing work. The compliance management system (CMS) represents an effective way to fulfil this. The CMS...

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