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Brett Wilson Civil Litigation and Insolvency Blog

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Can I reclaim money I have lost to fraudsters from my bank?

This article briefly considers the scope of Quincecare duty of care owed by banks, recently increased in scope by the Court of Appeal in Philipp v Barclays Bank UK PLC [2022] EWCA Civ 318. What is Quincecare duty? Banks have an obligation to protect their customers from fraud. Before the recent ruling of the Court…

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Ghost in the shell game

Dishonesty, decentralised finance, and theft on the blockchain On 14 October 2021, Andean “Andy” Medjedovic, an 18-year-old graduate student from Canada managed to extract US$16m-worth of cryptoassets from a decentralised finance protocol Indexed, through an exploit (a software tool designed to take advantage of a flaw in a computer system). Mr Medjedovic, however, maintains that…

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Service of legal proceedings by NFT: turning the tables on scammers?

In what is believed to be a world first, on 6 June 2022, the New York Supreme Court allowed American law firm Holland & Knight to serve a temporary restraining order on a defendant by way of Non-Fungible Token (NFT).  In LCX AG v John Does 1-2, the Defendant is accused of being involved in…

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Don’t leave it too late: the importance of limitation periods in professional negligence claims

What is a limitation period? A limitation period is the amount of time that you have to bring a Court claim in England and Wales. The Limitation Act 1980 governs the length of limitation periods which vary based on the type of claim that you are attempting to bring to Court. These “baseline” lengths can…

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Anonymisation in civil proceedings

There has long been a tension between the principles of open justice and the desire of parties litigating sensitive matters to keep their identity, parts of the litigation, or even the fact of the litigation itself, private. The default position for almost all civil litigation is that (i) parties are named in proceedings, (ii) non-parties…

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Covid restrictions on corporate insolvency action to end

We have been continuing to monitor the Corporate Insolvency and Governance Act 2020 (the “Act”) closely since it came into effect on 26 June 2020.  The Act imposed a number of restrictions on insolvency action, designed to give companies breathing space during the Covid-19 pandemic. Under the Act there was a bar on creditor statutory…

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NFTs and fraud: What to look out for and what you can do if you are scammed

Non-Fungible Tokens (NFTs) are the new hot topic in the crypto space, with global NFT sales passing the $4billion mark at the beginning of 2022. Of course, with so much money at stake in an industry that has little to no regulation by design, it was only a matter of time before fraudsters began taking…

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Suspending a bankrupt’s automatic discharge from bankruptcy

What is a discharge from bankruptcy? A discharge from bankruptcy is a statutory process which frees a bankrupt from:- the restrictions and disabilities of bankruptcy; and most of their bankruptcy debts. A bankrupt is usually automatically discharged from bankruptcy on the 12-month anniversary of being made bankrupt. Once discharged from bankruptcy, a debtor generally has no further liability for their bankruptcy debts under section 281 of the Insolvency…

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Lexis Nexis Interview: Trade secrets, breach of confidence and conspiracy

Adham Harker of Brett Wilson LLP is interviewed about the decision in Salt Ship Design AS v Prysmian Powerlink SRL [2021] EWHC 2633 (Comm). Introduction The High Court has upheld a claim for breach of confidence and unlawful means conspiracy in this case which involved a design document being misused by a third party, after…

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Covid-19 no longer an acceptable excuse for procedural failings

Covid-19 and the restrictions imposed as a result have inevitably had an impact on whether court deadlines can be met in every case. What if you need to make an application for an extension of time as a result of Covid restrictions? What are the principles that the Court will apply? Does the Court’s sympathetic…

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Legal Disclaimer

Articles are intended as an introduction to the topic and do not constitute legal advice.

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