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24.03.13
A reminder that fishing expeditions and inexplicable delay will not be tolerated
In Banwaitt and Dewji (2013), the Claimant alleged that he had been induced to invest in a land deal in Cambodia through fraud or negligence. A week prior to trial, the Claimant made an application for specific disclosure of the names of other investors and emails between them and Defendant. The application was refused firstly…
Read more25.10.12
The right of an applicant to be heard when making an application
In Frey & Ors v Labrouche [2012] EWCA Civ 881 the Court of Appeal gave important guidance on the right of a party to make oral submissions when making an application. In the underlying proceedings before the Chancery Division of the High Court the Defendant made an application that the claim be struck out as an abuse of…
Read more22.10.12
Supreme Court confirms courts have power to strike out dishonest claims after judgment
In Fairclough Homes Ltd v summers [2012] UKsC 26 The supreme Court overturned a line of authorities and held that a claim could be struck out after trial or even after an assessment of damages if it subsequently transpired that it was dishonest. surveillance evidence came to light after trial to show that the Claimant had grossly exaggerated the extent of…
Read more18.10.12
Lord Chief Justice voices concern over increase in litigants in person
Lord Judge has raised his concerns over the increasing number of litigants in person appearing in the courts. The number of litigants in person has risen significantly in the last year and is expected to increase further following the implementation of reforms to the costs and legal aid regimes in April 2013. speaking at a press briefing Lord Judge said, “The judge has to help one…
Read more4.09.12
Berezovsky v Abramovich – Judgment published online
An executive summary of the largest private claim in British legal history has been published online. Boris Berezovsky sued Roman Abramovich in the Commercial Court of the High Court for $6.5 billion. The widely-publicised action was based on a claim by Mr Berezovsky that Mr Abramovich had blackmailed him to sell his interest in an oil conglomerate they founded together for a vastly reduced price. Judgment was…
Read more7.07.12
Publishing giant admits receiving income derived from bribery and consents to £1.9M Civil Recovery Order
A settlement agreement worth nearly £1.9 million has been reached in the serious Fraud Office (sFO)’s High Court action against Oxford University Publishing Limited (OUP). The claim was brought under Part 5 of the Proceeds of Crime Act 2002 (POCA). OUP admitted that between 2007 and 2010 two of its wholly-owned subsidiaries in Africa made a number of payments to government…
Read more27.05.12
Admin Court declines to quash Warning Notice that relied on privileged material
In R (Ford) v the Financial services Authority and Anor [2012] EWHC 997 (Admin) Burnett J declined to quash a Warning Notice issued by the FsA that had partly relied on privileged material. The claimant stewart Ford had been an executive at the company Keydata Investment services Limited which had gone into administration. The administrators had passed various documents to the FsA. This included documents…
Read more16.04.12
Director and shareholder found in contempt for disposing of company's good will
In Templeton Insurance Ltd v Motorcare Warranties Ltd & Ors [2012] EWHC 795 Mr Justice Eder heard an application for committal for contempt of court based on the alleged breach (or involvement in a breach) of a freezing injunction. Motorcare sold breakdown insurance and had acted as an agent for Templeton. In 2008 Templeton brought a High…
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