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Updates and Commentary on Civil Procedure, by Gordon Exall, Barrister, Kings Chambers
Browse: Home » Alleging Fraud
THE CURRENT IMPORTANCE OF PLEADINGS 69: ALLEGATIONS OF DISHONESTY SHOULD HAVE PLEADED: IT IS INAPPROPRIATE TO QUESTION WITNESSES ON THE BASIS THAT THEY HAD ACCEPTED A PROPOSITION WHEN THEY HAD NOT DONE SO

THE CURRENT IMPORTANCE OF PLEADINGS 69: ALLEGATIONS OF DISHONESTY SHOULD HAVE PLEADED: IT IS INAPPROPRIATE TO QUESTION WITNESSES ON THE BASIS THAT THEY HAD ACCEPTED A PROPOSITION WHEN THEY HAD NOT DONE SO

May 5, 2026 · by gexall · in Applications, Civil evidence, Civil Procedure, Conduct, Members Content, Statements of Case

There are several matters of interest in this judgment given last Friday. Firstly that allegations of fraudulent conduct were made when those assertions had not been pleaded.  Secondly the judge was critical of the attempt to cross-examine witnesses on the…

UNWARRANTED FRAUD ALLEGATION LEADS TO INDEMNITY COSTS BEING AWARDED

UNWARRANTED FRAUD ALLEGATION LEADS TO INDEMNITY COSTS BEING AWARDED

November 21, 2019 · by gexall · in Applications, Conduct, Costs, Members Content

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

July 9, 2015 · by gexall · in Appeals, Civil evidence, Civil Procedure, Members Content

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

October 2, 2014 · by gexall · in Applications, Civil evidence, Civil Procedure, Members Content, Statements of Case, Written advocacy

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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