Inside disputes

Denmark’s £1.5 billion fraud claim dismissed for lack of jurisdiction under ‘Revenue Rule’

On 27 April 2021 Mr Justice Andrew Baker dismissed the case brought by Denmark’s tax revenue agency (SKAT) to recover more than £1.5 billion worth of tax refunds granted to various individuals and companies between 2012 and 2015.

Articles | May 14, 2021

Fraud

When will the court still hand down a judgment if the parties have already settled?

A recent decision by the High Court provides guidance on the factors for a judge to consider when deciding whether to hand down a reserved judgment where the parties reach a settlement following a hearing.

Articles | April 22, 2021

Procedural

Out of business, but not out of time: insolvent companies and limitation periods in competition damages claims

The Court of Appeal has, in the context of follow-on competition law damages claims, provided some helpful clarification on the interpretation of section 32 of the Limitation Act 1980.

Articles | April 16, 2021

Procedural

Go, go, go! UK antitrust class actions given green light to proceed to trial

The recent UK Supreme Court ruling in Merricks v Mastercard has important implications for UK collective actions for competition law infringements.

Articles | April 06, 2021

Group action litigation

High Court awards summary judgment in substantial banking fraud

In a complex banking-tech fraud case, the High Court has granted a summary judgment on the merits.

Articles | April 06, 2021

Fraud

Court of Appeal considers “unusual extension” to duty of care principles

The Court of Appeal for England & Wales recently held, unanimously, that a claim brought in relation to events that took place overseas can proceed to a trial of the substantive issues in the English courts against an English shipbroker.

Articles | March 30, 2021

Fraud

Awareness and ‘Active Appreciation’: reliance revisited

In Leeds City Council and others v Barclays Bank plc and another [2021] EWHC 363 (Comm), Cockerill J struck out claims for rescission of loans on the grounds of fraudulent misrepresentation holding that a lack of ‘active appreciation’ of the alleged representations was fatal to the claim.

Articles | March 24, 2021

Fraud

Byers & Ors v Samba Financial Group: ‘pure’ knowing receipt, block discounts and the pandemic

In Byers v Samba Financial Group [2021] EWHC 60 (Ch), Fancourt J dismissed a claim by an investment company and its liquidators to hold a defendant bank liable for knowing receipt of trust property consisting of shares in a number of banks.

Articles | March 22, 2021

Fraud

Immunity for criminal conduct in undercover investigations to be granted to a wide range of UK authorities

After a protracted passage through Parliament, the recent Covert Human Intelligence Sources (Criminal Conduct) Act 2021 has received Royal Assent.

Articles | March 16, 2021

Fraud