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Articles by Laurence Clarke
Victims of Fraud Series Part 1: Why Acting Fast Matters
In cases of fraud, the first 24 to 48 hours can determine whether stolen assets are recoverable or not. Fraudsters are often sophisticated, moving funds through multiple accounts, jurisdictions, or even converting them into cryptocurrency within hours. It is important to have a plan so that you understand the immediate steps you would take in the event of fraud, as delay can mean that your assets are dissipated and recovery becomes difficult.
Oral evidence series Part 6: Is an honest recollection of events truly evidence?
Judicial commentary shows that judges are exceedingly aware of the unreliability of witnesses’ memory when considering evidence at trial. While judges may take differing views as to the reliance that ought to be placed on oral evidence as compared to contemporaneous documents, procedural safeguards are now in place to help strengthen the reliability of witness evidence, in CPR Practice Direction 57AC - Trial Witness Statements in the Business and Property Courts (“PD 57AC”).
Settle Smart series part four: Setting aside a settlement agreement for fraud - allegations of fraud not “some kind of open sesame”
Our series focused on the settlement of disputes considers issues encountered by practitioners across a range of dispute resolution specialities. This blog explores when a settlement agreement can be set aside for fraud, highlighting the delicate balance between justice and finality. Fraud “unravels all” – or does it? It is a well-established principle of contract law that if an agreement was entered into as a result of fraud, it should be set aside.
How Full or Frank does a party have to be to avoid material non-disclosure?
The Magomedov and others v TPG Group Holdings (SBS) LP and others litigation has been of great interest in the legal press over the last year and the recent decision of Mr Justice Jacobs should be of similar interest to fraud practitioners. The decision is interesting and covers a number of topics which we will be discussing in a 3-part series.
Clarity over penal notices
Penal notices are sometimes seen as a tool by aggressive litigators to instil fear into the subjects of court orders to try and achieve compliance, but are they being used correctly? This question has arisen because the rules around when and how to add a penal notice to a court order has been somewhat muddied over the past few years.
The Quincecare duty: The long-awaited Supreme Court judgment in Philipp v Barclays has finally arrived
At 9.45am yesterday, the Supreme Court handed down judgment in the case of Philipp v Barclays Bank UK PLC following a two-day hearing in February this year. For a full low-down of the background of the case, please see our article from earlier in the year - The Quincecare Duty and Philipp v Barclays Bank UK: awaiting the Supreme Court judgment, which includes full details of the facts of the case and key case law around the Quincecare duty.
The Quincecare Duty and Philipp v Barclays Bank UK: awaiting the Supreme Court judgment
Quincecare duties have been a hot topic over the last few years, and there is no sign that development of this area of the law is slowing. The judiciary are still trying to determine where the boundaries lie, in what many think is an all too interventionist legal principle. Since the establishment of the Quincecare duty in Barclays Bank plc v Quincecare Ltd.
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