In the recent case of Barrowfen Properties Ltd v (1) Girish Dahyabhai Patel (2) Stevens & Bolton LLP (3) Barrowfen Properties II  EWHC 2536 (Ch), the High Court extended the iniquity exception to breaches of a director’s statutory duties.
The Law Society Gazette and Third Sector recently reported that a number of charities, including Guide Dogs for the Blind Association, Yorkshire Cancer Research, the British Heart Foundation and the National Trust, issued a claim against a former solicitor, Linda Box. They claim to have been deprived of a legacy gift from a Will of which she was the co-executor. Box was sentenced to seven years in prison in 2017, having admitted to 12 offences of fraud, theft and forgery while working as a senior partner at a firm of solicitors in Wakefield, having stolen approximately £4 million. The fraud is said to have been conducted using a process known as “teeming and lading” whereby money is moved between client accounts to hide a shortfall or theft.
A search order, made pursuant to section 7 of the Civil Procedure Act 1997 and CPR Part 25, is one of the most draconian orders the English civil courts can make. No Respondent really wants a search team to enter their premises but because of Covid -19 the search team is even less welcome than usual.