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Civil Fraud and Asset Tracing Notes Blog

Articles: 1-10 of 54

Court of Appeal clarifies scope for claims against foreign third parties for assisting breaches of freezing orders

United Kingdom - December 9 2025 The Court of Appeal has unanimously held that a Monegasque lawyer who carried out his client’s instructions to transfer funds in breach of an English…

Supreme Court clarifies remedies available against dishonest assistant for breach of a constructive trust

United Kingdom - July 30 2025 The Supreme Court has restored an order requiring a third party who dishonestly assisted a company director in making and then dissipating an…

High Court finds iniquity exception to privilege applied, but not on a blanket basis

United Kingdom - June 24 2025 The High Court has held that the iniquity exception to privilege applied in respect of certain aspects of a transaction, so that no privilege…

Supreme Court confirms approach to postponement of limitation period in fraud cases involving dissolved companies

United Kingdom - May 14 2025 Last week, the Supreme Court considered whether limitation should be postponed under section 32 of the Limitation Act 1980 on the basis that, in the…

Supreme Court confirms fiduciary must account even for profits that would have been made without the breach of duty

United Kingdom - May 1 2025 The Supreme Court has confirmed that a fiduciary, including a company director, is liable to account for all profits made out of their position as…

High Court finds it had no power to order a former director of a corporate judgment debtor to be re-examined about the company's assets

United Kingdom - March 18 2025 The High Court has dismissed an application to re-examine the former director of a corporate judgment debtor about the company's assets, despite the…

Norwich Pharmacal order refused where it would expose the recipient to a risk of criminal liability under foreign law

United Kingdom - December 19 2024 In the context of an action alleging unlawful means conspiracy, the High Court dismissed the claimants' application for a Norwich Pharmacal order…

High Court emphasises narrow scope of the "Norwich Pharmacal" jurisdiction

United Kingdom, USA - November 19 2024 The High Court has refused to order a bank to disclose to fraud victims further customer account information, beyond documents already produced by…

High Court grants Norwich Pharmacal orders against solicitors to assist in investigating alleged forgery

United Kingdom - October 25 2024 The High Court recently granted a Norwich Pharmacal order against a firm of solicitors requiring them to disclose the identity of a consultancy from…

Freezing order applications: Court of Appeal clarifies the merits test and the timing of costs awards

United Kingdom - October 15 2024 In an important judgment, the Court of Appeal has clarified the test a court should apply when determining whether an applicant for a freezing…