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Dishonesty: what is the standard of proof?

In a recent article, we considered the requirements for pleading dishonesty against a corporate body. The Court of Appeal has recently considered the standard of proof for dishonesty in the case of Bank St Petersburg PJSC v Arkhangelsky [2020] EWCA Civ 408 which resulted in the reversal of the High Court’s dismissal of a counterclaim, and a welcome clarification of the standard required to prove dishonesty.

Is the confidentiality of mediation impenetrable?

Confidentiality throughout the mediation process is key to enabling parties to discuss settlement options frankly and without fear of those matters disclosed at mediation being used against them in any continuing litigation. However, the recent case of Berkeley Square Holdings & Ors v Lancer Property Asset Management Ltd & Ors [2020] EWHC 1015 (Ch) serves as a reminder that the confidentiality of mediation is not completely impenetrable.

Bounce Back Loan Fraud

The impact on the economy of Covid-19 has been detrimental and far reaching. With the UK being officially in recession for the first time in 11 years, the Government has implemented a number of packages in order to help businesses survive these tough times, one of these is the Bounce Back Loan Scheme.

SIM-Swapping Fraud: How To Protect Yourself

With smartphones providing a gateway to our financial data they are becoming a prime target for fraudsters. SIM-swapping fraud occurs when someone takes control of your mobile phone number and uses it to gain access to your apps and banking.

A Closer Inspection Of Legal Advice Privilege

The principle of legal advice privilege came under scrutiny by the Court of Appeal at the start of this year in Civil Aviation Authority v R (on the application of Jet2.com Limited) [2020] EWCA Civ 35. We look in detail at the principles established in this case and how these were applied by the court in the recent case of A v B and the FRC [2020] EWHC 1492.

Housing association fraud risk increases with COVID-19

It’s becoming clear the COVID-19 pandemic is bringing about increased risks of cyber fraud across all sectors. However, with an increasing likelihood of long-term remote working due to the pandemic, the threat of fraud is set to continue to grow. For housing associations, a sector which is already highly vulnerable to a variety of fraud types, taking a proactive approach to fraud prevention is crucial risk management in the COVID era.

Employees diverting business during COVID-19: Options for employers

The COVID-19 pandemic has caused significant economic disruption for employers and their employees alike. As employees may be forced to look for new work, we consider how employers can protect their business from an employee who competes with it or who prepares to compete whilst working from home or when they have been placed on furlough.