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When does a breach of contract constitute fraud? In strict legal terms, the answer is ‘never’. We explain why below.
By Nicola Sharp
21 November 2023
3 min read
A proprietary injunction is one of the central tools at the Court’s disposal to ensure that trust property is put into the right hands.[1] Under section 37(1) Senior Courts Act 1981 the Court may grant a final injunction, ordering the party...
By Nicola Sharp
17 November 2023
3 min read
The Privy Council recently overturned a decision by the Supreme Court in Mauritius, and allowed Norwich Pharmacal relief after it was refused in Mauritius. In Stanford Asset Holdings Ltd and another v AfrAsia Bank Ltd (Mauritius) [2023] UKP...
By Nicola Sharp
8 November 2023
3 min read
Dishonest assistance is a claim that lies in equity in English law. The principal remedies for dishonest assistance are:
By Nicola Sharp
8 November 2023
3 min read
In this guide, we look at fiduciary duties. When do they arise? What are the consequences of a breach? And what is their relevance in the context of civil fraud?
By Nicola Sharp
20 October 2023
4 min read
To successfully challenge a worldwide freezing order and have it discharged, the party subjected to the injunction can rely on the following:
By Nicola Sharp
10 October 2023
3 min read
What constitutes a ‘dishonest and fraudulent’ breach of warranty?
By Nicola Sharp
9 October 2023
3 min read
Cases of complex civil fraud pose unique challenges in litigation. Fraud is by its nature covert and deceptive, which makes evidencing a claim all the more difficult, and there’s the risk that a fraudster will dissipate assets. If they do, ...
By Nicola Sharp
3 October 2023
3 min read
