Fraude

eAlerts Récentes

•  

  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...

  Lire la suite
•  

  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...

  Lire la suite
•  

  28.02.2023

  République Tchèque

  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...

  Lire la suite
•  

  10.01.2023

  England and Wales

  Please release me - Court of Appeal clarifies how the scope of a settlement agreement will be construed

  The Court of Appeal has given guidance on the construction of a settlement agreement that is expressed to release claims unknown to either party at the date of settlement, confirming that claims in conspiracy (and fraud and dishonesty) were released even though the settlement agreement did not expressly mention such claims. Background Maranello Rosso Limited v Lohomij BV and others [2022] EWCA Civ 1667 concerned the sale by an auction house of a large collection of rare Ferraris, some of which were extremely valuable. The seller had purchased the collection using finance provided by Lohomij and...

  Lire la suite
•  

  05.01.2023

  Royaume-Uni

  Important deadline imminent for Economic Crime Act

  Summary The Economic Crime (Transparency and Enforcement) Act 2022 has set up a new Companies House register for overseas entities that own certain property registered at the Land Registry in England and Wales or the Land Registers of Scotland or Northern Ireland. The Companies House register contains information about the entity and its beneficial owners and the Act impacts on real estate transactions and their registration. There is an important deadline on 31 January 2023 for applications to Companies House to register on the new register and failure to do so may lead to criminal penalties....

  Lire la suite
•  

  22.12.2022

  Royaume-Uni

  Supreme Court strikes out £116 million claim for breach of Quincecare duty as claimant held to have suffered no loss

  The UK Supreme Court has handed down its judgment in Stanford International Bank Ltd (In Liquidation) (Appellant) v HSBC Bank PLC (Respondent) [2022] UKSC 34, striking out a significant claim (£116m) for breach of the Quincecare duty on the grounds that the claimant had suffered no loss. The decision is important as another example of a significant claim for breach of the Quincecare duty being unsuccessful. The judgment also provides important guidance as to whether a claimant has suffered recoverable loss as a result of making payments to creditors prior to the claimant’s insolvency....

  Lire la suite