Insolvency Litigation

15 April 2020

Civil Fraud Quarterly Round-Up: Q1 2020

A Civil Fraud quarterly round-up (1st quarter 2020)

Mary Young

15 April 2020

Liquidation and Fiduciary Duties: No Rest for (the Wicked?) Directors

In Hunt (as Liquidator of System Building Services Group Ltd) v Michie & Ors [2020] EWHC 54 (Ch), ICC Judge Barber has confirmed that directors of insolvent companies remain subject to fiduciary duties, even after those companies enter into an insolvency procedure.

Richard Clayman

31 March 2020

The Maserati Fraud

In the recent case of Sell Your Car With Us Limited v Sareen [2019] EWHC 232 (Ch) the Insolvency Court were asked to determine whether the ultimate victim of an email hacking fraud, Mr Sareen, was liable in contract and/or tort to Sell Your Car With US Ltd (the “Company”) for causing the fraud by failing to take reasonable care over the security of his emails and/or take reasonable control over his email security.

Daniel Staunton

31 March 2020

Alok Sharma shakes up insolvency laws

Last week and, again, on Saturday 25 March 2020, the government announced plans to introduce changes to current insolvency laws to ease pressures on UK businesses being caused by the global pandemic, COVID19. See latest announcement here.

Daniel Staunton

14 December 2017

It’s only a court order, who cares? –Contempt of court

One of the trends over the last few years in civil fraud cases has been the increase in applications to the Court for defendants in civil fraud proceedings to be committed to prison for contempt of court (“Committal Applications”). Cases against a number of “Oligarchs” for breaches of freezing orders spring to mind.

However, recent cases show that the increase in Committal Applications is not just in fraud proceedings.

Fiona Simpson

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