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Tag Archives: fraud

Food for Thought: Individuals Remain in SFO’s Sights as Four From Patisserie Valerie Charged With Fraud

Individuals continue to face risk from prosecutions for economic crime, despite media focus on corporate criminal liability reforms. By Stuart Alford KC, Mair Williams, and Matthew Unsworth Four individuals have today appeared at Westminster Magistrates’ Court charged with fraud in connection with the collapse of UK café and bakery chain, Patisserie Valerie.[i] This follows a … Continue Reading

High Court Determines Exceptions to ‘Without Prejudice’ Privilege in Recent Disputes

Two cases illustrate the narrow scope of application for exceptions to the without prejudice rule of legal privilege. By Stuart Alford and Clare Nida Background In two recent judgments, the High Court found exception to the ‘without prejudice’ rule of legal privilege. The rule protects statements made by parties to a dispute (whether written or … Continue Reading

For Fear of Learning an Inconvenient Truth: Third-Party Liability in Fraudulent Trading

Parties within a chain of transactions may face liability for dishonesty and assistance, even if they do not have actual knowledge of fraud. By Stuart Alford QC and Yasmina Vaziri The recent judgment in Bilta (UK) Limited (in liquidation) & ors v. NatWest Markets plc & Anor [2020] EWHC 546 (Ch) provides a timely illustration … Continue Reading

UK Supreme Court Upholds First Successful Claim for Breach of Quincecare Duty

In a leading case, the Court examined the extent of the duty of care that a bank owes to its customers when executing their orders. By Andrea Monks and Nell Perks On 30 October 2019, the UK Supreme Court dismissed Daiwa’s appeal in the case of Singularis Holdings Ltd (In Official Liquidation) v Daiwa Capital … Continue Reading

Baking the Books — Recent Instances of Fraud Highlight the Need for Vigilance in M&A Deals

Buyers’ best defence against M&A fraud requires rigorous, pre-closing due diligence — when fraud is suspected, deal teams should seek legal advice and proceed with caution. Oliver Browne, Richard Butterwick, Alanna Andrew, Frederick Brodie, Connor Cahalane, and Catherine Campbell Recent high-profile fraud cases gravely illustrate how a failure to detect fraudulent activity can cause lasting damage … Continue Reading

Fraud Unravels All – Even Post-Judgment

English Supreme Court rules that there is no reasonable diligence requirement barring a fresh action to set aside a judgment obtained by fraud. Oliver E. Browne and Alex Cox Introduction In Takhar v Gracefield Developments Limited and others [2019] UKSC 13, the English Supreme Court considered whether a party applying to set aside an earlier … Continue Reading

German Federal Court: Property Sellers Who Withhold Usage History Risk Liability

FCJ decision finds that mere suspicion of contamination resulting from a sold property’s past use constitutes a defect. By Patrick Braasch and Christian Thiele The German Federal Court of Justice (FCJ) has ruled that an abstract suspicion of contamination resulting from a sold property’s past use already constitutes a material defect — irrespective of the … Continue Reading
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