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Worldwide freezing injunction granted against persons unknown
The jurisdiction to grant worldwide freezing injunctions against persons unknown is now “clearly established”, HHJ Waksman QC confirmed in the recent handing down of his judgment in CMOC Sales & Marketing Ltd v Persons Unknown [2018] EWHC 2230 (Comm). The Claimant in this case, an English company managed by its sister company in the USA,
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Private prosecution success over fraudster
A former car dealer has been jailed for eight years for a multi-million pound investment fraud – even though the Crown Prosecution Service had refused to charge him, BBC News has learned.Paul Sultana was convicted after the company he had defrauded brought a private prosecution – criminal proceedings which are not initiated by the state.
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The Importance of the Duty of Full and Frank Disclosure Emphasised Once Again
The recent decision in Banca Turco Romana SA (in liquidation) v Kamuran Cortuk and others [2018] EWHC 662 (Comm) emphasises the importance of the duty of full and frank disclosure in the context of freezing injunctions. In this case, the claimant, a Romanian bank acting through its liquidator, had sought the continuation of freezing injunctions which had
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ACFE 2018 Report to the Nations
The 2018 Association of Certified Fraud Examiners’ Report to the Nations provides a detailed breakdown of occupational fraud from 125 countries. Occupational fraud is defined as the use of one’s occupation for personal enrichment through the deliberate misuse or misapplication of the employing organisation’s resources or assets. The Report identified the most common behavioural indicators
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The Ever Increasing Anti-Bribery, Corruption and Compliance Risks
Risk solutions firm, Kroll, has partnered with ethical business practices firm, Ethisphere, to produce the Anti-Bribery & Corruption Benchmarking Report 2018. The Report shows that organisations continue to be concerned about third party risks with the risk factor of opaque ownership structures increasingly becoming a priority for compliance teams. New forms of payment, such as
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Real or fake? How to ensure art authenticity in the digital age
Forgeries are as old as art itself, but impostors are having a field day in the age of the internet. Fortunately, art scholars, scientists and IT specialists are coming together to protect genuine art works and catch fraudsters.In November last  year, a rediscovered painting by Leonardo da Vinci – fewer than 20 of which survive
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Worldwide Freezing Injunction: clarification of the correct test for the existence of assets
The Court of Appeal has recently considered a case where Chabra worldwide freezing orders – a well-used tool of litigators, not only to secure assets to satisfy English judgments, but also in aid of foreign proceedings, pursuant to Section 25 of the Civil Jurisdiction and Judgments Act 1982 (CJJA) – were sought pursuant to the
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Policyholder Update: When does your insurer have a “duty to speak”?
In a recent decision, the Court of Appeal has found that, in certain circumstances, an insurer has a duty to tell its policyholder that their conduct is at risk of jeopardising their claim for cover.
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