Civil Fraud: Shaping New Law into Solution-Focused Answers for Your Clients

Liquidation

How far can you push the Court over contested liquidation proceedings and applications for "unusual" consequential orders pending appeal, including directors' powers, the Court's jurisdiction, and the fettering of liquidators?

Answered by: Catherine Addy QC

Catherine is “a prominent silk in the cross-over space between insolvency, fraud and commercial disputes.” She is a deputy Insolvency and Companies Court judge.

Third parties

Is there a new approach to "Chabra" injunctions against third parties following the Privy Council's decision in Convoy Collateral Ltd v Broad Idea International Ltd?

Answered by: Richard Morgan QC

Richard appeared in the hotly contested Convoy Collateral v Broad Idea litigation. "He has a brilliant ability and an encyclopedic knowledge of injunction fraud."

Knowing receipt

How has Byers v Samba Financial Group [2020] changed existing thinking on knowing receipt and dishonest assistance claims, and with what implications for practice?

Answered by: Andrew Onslow QC

Andrew acted for Samba in a USD350 million constructive trust claim arising from the Saudi Arabian Saad/AHAB affair. He is "just superb, unflappable and charm personified."

Dissipation

How willing is the court to accept evidence of dissipation of assets in freezing injunction applications following the spate of recent cases?

Answered by: Steven Thompson QC

Steven acted in Kazakhstan Kagazy v Martin over a large bonus from money that was allegedly stolen from the claimant. "He is a compelling and persuasive advocate."

Unknown persons

How do you gain an advantage for your client when securing freezing injunctions against unknown persons, supported by case-law and practical examples?

Answered by: Paul Lowenstein QC

Paul acted in AA v Persons Unknown to trace, freeze and recover Bitcoin paid as a ransom following a malware attack. "He is a supreme advocate and communicator."

Evidence

To what extent will a court strike out a claim because of how the evidence was obtained, e.g. unlawfully hacked emails?

Answered by: Charles Bott QC

Charles is "a Rolls-Royce silk; one of the most experienced financial crime silks." "His knowledge and immediate understanding of a fraud case and his communication skills are incredible."

Double-Freezing

How do you gain an edge when facing multiple freezing injunctions from multiple claimants in multiple actions against a common defendant?

To what extent can you double-freeze?

Answered by: Rajesh Pillai QC

Rajesh acted for Abu Dhabi Commercial Bank in a US$1bn claim over undisclosed debts, supply-chain finance, and NMC Health's collapse. "He's highly sought after and in demand.”