Civil fraud

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Regulating the use of automatic recognition technology (R (on the application of Bridges) v Chief Constable of South Wales Police)

The following Corporate Crime news provides comprehensive and up to date legal information on Regulating the use of automatic recognition technology (R (on the application of Bridges) v Chief Constable of South Wales Police)

Oral disclosures of personal information and the GDPR

The following Dispute Resolution news provides comprehensive and up to date legal information on Oral disclosures of personal information and the GDPR

Court of Appeal upholds decision to stay claim on grounds of forum non conveniens (Kennedy v The National Trust for Scotland)

The following Dispute Resolution news provides comprehensive and up to date legal information on Court of Appeal upholds decision to stay claim on grounds of forum non conveniens (Kennedy v The National Trust for Scotland)

Court of Appeal confirms organisation liable for employee’s data breach, even though not at fault (Wm Morrison Supermarkets plc v Various Claimants)

The following Commercial news provides comprehensive and up to date legal information on Court of Appeal confirms organisation liable for employee’s data breach, even though not at fault (Wm Morrison Supermarkets plc v Various Claimants)

Featured Dispute Resolution content

Rescission of a contract

What is rescission of a contract?The remedy of rescission is available to a party whose consent, in entering into a contract, has been invalidated in...

Contract interpretation—express terms in contracts

Express and implied contractual terms distinguishedContractual terms may be either express or implied:•express terms—are terms which are actually...

Judgments and orders—correcting accidental errors under the slip rule (CPR 40.12)

What is the slip rule?The slip rule is a process by which the court may correct an accidental slip or omission in a judgment or order (see: CPR 40.12...

Equitable remedies in contractual disputes

While the primary remedy for contractual breach is that of damages (see Practice Note: Contractual damages—general principles and related content),...

Practice notes

Default judgment—setting aside under CPR 13.3

Brexit: The UK's departure from the EU on exit day, ie Friday 31 January 2020, has implications for practitioners considering default judgment. For...

9th Nov

Practice notes

Part 18 requests for further information (CPR 18)

This Practice Note provides guidance on when to make a request for further information under CPR 18, the timing of the request, what information you...

9th Nov

In-house

Practice notes

Applications without notice

This Practice Note provides guidance on the interpretation and application of the relevant provisions of the CPR. Depending on the court in which your...

9th Nov

Practice notes

Mediation—advantages and disadvantages

What is mediation?Mediation is one of the most recognised and common forms of alternative dispute resolution (ADR).It is a form of assisted ADR in the...

9th Nov

Practice notes

What constitutes a valid assignment of a contract?

This Practice Note identifies what can be transferred when assigning a contract and how to effect a valid assignment of a contract. For guidance on...

9th Nov

In-house

Practice notes

Unfair prejudice petition—what it is and when to use it

What is an unfair prejudice claim (a section 994 petition)?An unfair prejudice petition is a statutory remedy available to shareholders of a company...

Produced in partnership with Mark Hubbard of New Square Chambers 12th Jan

Practice notes

The remedy of damages—general principles

What are damages?The term ‘damages’ refers to any amount of money awarded by a court in order to compensate a claimant who has suffered loss or damage...

9th Nov

Practice notes

Cause of action estoppel

Cause of action estoppel is a sub-species of the res judicata doctrine (see Practice Note: The doctrine of res judicata). In addition to the general...

Produced in partnership with Jack Mitchell of Old Square Chambers 12th Jan

Practice notes

Misrepresentation—rescission as a remedy

This Practice Note sets out when and how an innocent party can rescind a contract for misrepresentation, why they would wish to do so and when...

Produced in partnership with Charles Spragge of Druces 12th Jan

Precedents

Letter of claim—damages for breach of contract—acceptance of contract repudiation

[ON THE HEADED NOTEPAPER OF CLAIMANT’S SOLICITORS]FAO [RELEVANT NAME][NAME OF DEFENDANT OR DEFENDANT’S SOLICITOR IF KNOWN][ADDRESS LINE 1][ADDRESS...

9th Nov

Practice notes

Security for costs—making an application

Coronavirus (Covid-19): When making applications, these will be affected by the impact of coronavirus, see Coronavirus (Covid-19) considerations...

9th Nov

Practice notes

European order for payment procedure

Brexit: The UK's departure from the EU on exit day, ie Friday 31 January 2020, has implications for practitioners considering cross border EU...

9th Nov

Practice notes

Acknowledgment of service

Brexit: The UK's departure from the EU on exit day, ie Friday 31 January 2020, has implications for practitioners considering service out of the...

9th Nov

Practice notes

Costs-only proceedings (Part 8)

This Practice Note explains costs only proceedings which are brought as Part 8 claims and are used to obtain a court order that there should be an...

9th Nov

Practice notes

Unfair prejudice petition—the procedure

Coronavirus (COVID-19): The guidance detailing normal practice set out in this Practice Note may be affected by measures concerning process and...

Produced in partnership with Mark Hubbard of New Square Chambers 12th Jan

Practice notes

Forming enforceable contracts—the court's general approach

Note: this Practice Note is concerned only with the creation of binding legal relations by way of contract (whether in writing or orally) and is not...

9th Nov

Most recent Civil fraud content

Practice notes

Civil fraud—key and illustrative decisions

The legal issues that arise in civil fraud cases can be many and varied and are usually also inherently complicated. While it is critical that each...

18th Jan

Practice notes

Civil fraud—frequently asked questions (FAQ)

Fraud—what is it?Fraud can best be described as the deliberate or intentional use of misrepresentation, deception or dishonesty to deprive, in order...

18th Jan

Practice notes

Starting a civil fraud claim—a practical guide

Brexit: The UK's departure from the EU has implications for practitioners in a number of areas covered in this Practice Note, being service and...

Produced in partnership with Arish Bharucha and Elizabeth Meade of Cooke Young and Keidan LLP 15th Jan

Q&As

Is a party in civil proceedings required to disclose documents made available to it in related criminal proceedings? Does it make any difference that the documents in question are equally available to all parties to the civil proceedings?

At the outset, it is important to distinguish between three separate, if related concepts: disclosure; inspection; and reliance on a...

Produced in partnership with David Sawtell of 39 Essex Chambers 8th Jan

Practice notes

Civil fraud—dishonesty and standard of proof

This Practice Note considers the standard of proof in civil claims based on the defendant’s alleged fraud. It considers the test for dishonesty (per...

5th Jan

Practice notes

Civil fraud—heads of claim

This Practice Note on civil fraud (commercial fraud) summarises the main heads of claim (causes of action in fraud) which you may consider pleading in...

5th Jan

Q&As

A is a customer of supplier B. Where A has mistakenly paid third party C, as a result of C having hacked into B’s records and issued an (false) invoice apparently in the name of B, but payable to C’s account, is B liable to A in damages for the money A paid to C?

Data protection implicationsThe company, as controller of the customer’s personal data, must comply with its obligations under the Data Protection Act...

24th Dec

Q&As

Where a defendant has been provided with disclosure in criminal proceedings under the Criminal Procedure and Investigations Act 1996, how is it possible to use this evidence in civil claims?

Section 18 of the Criminal Procedure and Investigations Act 1996 (CPIA 1996) makes it an offence to knowingly use or disclose an object or information...

6th Dec

Q&As

A client (Party B) is owed money by a debtor (Party A). An invoice was sent by Party B, but their emails were hacked and the money owed to Party B was paid to the hacker (Party C). Who is at fault and can Party B recover the funds from Party A?

You may wish to consult the following Q&As which consider similar scenarios:•Where a supplier (B) has emailed an invoice to A for goods supplied by B...

6th Dec

Q&As

If an individual has obtained a County Court Judgment against a company, is it possible to pierce the corporate veil on the basis of fraud or are separate proceedings required against any wrongdoing directors?

Against whom can a judgment be enforced?Where a judgment has been obtained against a natural or legal person, such a judgment can only be enforced...

28th Nov

Q&As

What is the limitation period for a breach of fiduciary duty claim? Does the period run from the date of breach or the date when the breach could reasonably have been discovered?

Regarding limitation periods generally, see Practice Notes: Limitation—the principal limitation periods and Limitation Act 1980—general application....

28th Nov

Q&As

Should a witness statement, which has been produced for a criminal trial, be disclosed in civil proceedings concerning the same issues?

From a criminal law perspective, can witness statements in criminal proceedings be used in other proceedings?Section 17 of the Criminal Procedure and...

28th Nov

Q&As

Do you have any Precedents to start a claim against an individual who fraudulently solicited payment into his own account rather than a supplier’s account?

For the purposes of this Q&A, we have assumed that there is no element of collusion or conspiracy between the actual supplier and the purported...

28th Nov

Q&As

Where a supplier (B) has emailed an invoice to A for goods supplied by B to A (and which were received by A) but the email was hacked by an unknown third party (C) and B’s bank details for payment were substituted with C’s, such that A pays C and not B, can B recover the invoice sum from A?

In answering this Q&A we have limited our research to cover the payment of invoices for goods received. We assume the Q&A is referring to payment to...

28th Nov

Q&As

Party A has purchased laptops from a supplier (party B). Party A has sold the laptops to party C. It is now discovered that the laptops were stolen from a manufacturer (party D) and so party B had no right to sell them to party A. Party D has now demanded that party A return the laptops to party D (but party A cannot as they sold them on to party C). In such scenario, assuming party A was a bona fide purchaser for value and assuming that party D can prove it retains title to the laptops (such that party D can demand their return), what course of action is open to party A?

In this Q&A, it has been assumed that there is no scenario involving principal and agency as between the supplier, party B, and the manufacturer,...

28th Nov

Q&As

When might an untrue warranty amount to fraud under the Fraud Act 2006, s 2?

For further guidance on a claim under Fraud Act 2006 (FrA 2006), see Practice Note: Fraud by false representation.Untrue warranty scenarioThis...

28th Nov

Q&As

What is the limitation period in respect of a transaction entered into by a director in breach of their fiduciary duty and/or in contravention of the provisions of the take-over code (as in force in 1989, when the transaction in question took place)? Can the director who breached be considered a constructive trustee?

LimitationHow long a party has to bring a claim depends on the particular action they intend to take. This Q&A could give rise to a large range of...

28th Nov

Civil fraud

View Dispute Resolution by content type:

Latest Dispute Resolution News

Regulating the use of automatic recognition technology (R (on the application of Bridges) v Chief Constable of South Wales Police)

Oral disclosures of personal information and the GDPR

Court of Appeal upholds decision to stay claim on grounds of forum non conveniens (Kennedy v The National Trust for Scotland)

Court of Appeal confirms organisation liable for employee’s data breach, even though not at fault (Wm Morrison Supermarkets plc v Various Claimants)

Featured Dispute Resolution content

Rescission of a contract

Contract interpretation—express terms in contracts

Judgments and orders—correcting accidental errors under the slip rule (CPR 40.12)

Equitable remedies in contractual disputes

Most recent Civil fraud content

Popular documents

Written basis of plea and Newton hearings

The pari passu principle and collection remedies for the office-holder—the position under the Insolvency (England and Wales) Rules 2016

Quantum meruit (value of services) and quantum valebat (value of goods)

False imprisonment

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