Lakatamia Shipping Company Ltd v Su and others [2024] EWHC 1749 (Comm) illustrates how the Babanaft proviso typically included in a worldwide freezing order may serve to limit the liability of foreign third parties who...more
In a heavy blow to the litigation funding industry, the UK Supreme Court has held that many litigation funding agreements are damages-based agreements and must comply with the relevant regulatory regime. Funders will be...more
A challenge to a Court judgment on grounds of fraud brings into conflict two fundamental principles of English law: (i) the finality of judgments; and (ii) the principle that fraud unravels all. Given the importance of the...more
The English Court's jurisdiction to grant freezing injunctions has been the subject of considerable judicial attention in recent years. In Convoy Collateral v Broad Idea,1 the Privy Council "laid to rest" the House of Lords'...more
Forged warehouse receipts have proved fertile ground for commodity finance disputes in recent years. In Natixis S.A. v Marex Financial and Access World Logistics (Singapore) Pte Ltd1 the Commercial Court delivered a judgment...more
In recent years, demands for payments in cryptocurrencies have become the ransom of choice for cyber extortionists and other online frauds. The COVID-19 pandemic and resulting public health lockdowns precipitated an...more
The Court of Appeal has confirmed in Bank St Petersburg PJSC v Vitaly Arkhangelsky that the correct standard of proof where issues of dishonesty arise is not a ‘heightened’ civil standard, but the balance of probabilities....more
4/2/2020
/ Appeals ,
Burden of Proof ,
Complex Litigation ,
Counterclaims ,
Evidentiary Rulings ,
Evidentiary Standards ,
Fraud ,
Pleading Standards ,
Remand ,
Reversal ,
Standard of Review ,
UK
National Bank Trust v Ilya Yurov & Ors [2020] EWHC 100 (Comm) provides a useful insight to the English Court's approach to pleading and evidencing fraud, emphasising the importance of properly particularised claims and...more
3/5/2020
/ Admissible Evidence ,
Banks ,
Breach of Duty ,
Bribery ,
Burden of Proof ,
Circumstantial Evidence ,
Civil Conspiracy ,
Cross Examination ,
Document Productions ,
Fraud ,
Litigation Strategies ,
Pleading Standards ,
Pleadings ,
Ponzi Scheme ,
Shareholders ,
Standard of Proof ,
UK ,
Witness Statements
In Vneshprombank LLC v Georgy Bedzhamov and ors [2019] EWCA Civ 1992 the Court of Appeal reaffirmed the approach to ascertaining the "ordinary living expenses" of a respondent to a freezing injunction....more
In Rogachev v Goryainov [2019] EWHC 1529 (QB) the High Court discharged a freezing injunction for non-disclosure at the return date hearing and refused to grant further injunctive relief highlighting the significance of full...more