THE CURRENT IMPORTANCE OF PLEADINGS 52 : IF THE DEFENDANTS WERE PLEADING THAT INVIDIVIDUALS WERE INVOLVED IN POSITIVE DECEPTION THEN THAT SHOULD HAVE BEEN PLEADED
Here we have a case where the judge found that the defendants’ case was pleaded in such a way that it did not allow them to make specific allegations of deception about particular individuals. If the defendants had a case…
PROVING THINGS 126: FAILURE TO PROVE DISHONESTY
The judgment in Autogas (Europe) Ltd v Ochocki & Ors [2018] EWHC 2345 (Ch) highlights the difficulties for a claimant who has to prove fraud as an essential element of their claim. The judgment also emphasises the needs to plead allegations…
MAKING FINDINGS OF FRAUD WITHOUT A PARTY BEING REPRESENTED 2: A HEARING IN THE ADMINISTRATIVE COURT
In MRH Solicitors -v- The County Court sitting at Manchester [2015] EWHC 1795 (Admin) the Administrative Court, in essence, overturned findings of fraud against solicitors who had not been notified of the allegations and not given any opportunity to respond….
HAYWARD MAY HAVE BEEN WAYWARD BUT THERE WAS NO LOOKING BACKWARD: SETTLED CLAIM NOT RE-OPENED
In Hayward -v- Zurich Insurance Company PLC [2015] EWCA Civ 327 today the Court of Appeal overturned a decision that a claimant should repay a large part of a personal injury award from an earlier settled action. This decision makes…
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