UNWARRANTED FRAUD ALLEGATION LEADS TO INDEMNITY COSTS BEING AWARDED
In Natixis SA v Marex Financial & Ors [2019] EWHC 2549 (Comm) an award of indemnity costs was made against a party who had alleged fraud all the way up to closing submissions. It highlights the dangers of pleading fraud…
MAKING A FINDING OF FRAUD WITHOUT EVIDENCE 3: THE COURTS ARE NOT EASILY AFFRONTED
For the third time in a fortnight the courts have sent out a clear message of the dangers of judges making findings of fraud without having all the evidence to hand. THE CASE In Alpha Rocks Solicitors -v- Alade [2015]…
PLEADING AND PROVING ALLEGATIONS OF FRAUD OR DISHONESTY: MULLARKE -v- BROAD: USEFUL LINKS AND GUIDANCE
Great care needs to be taken in pleading allegations of fraud or dishonesty. In particular the pleader needs to be sure that there is sufficient evidence to justify the pleading. This was considered in some detail by Lewison J in…
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