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.
On 15 July 2020, the Supreme Court handed down a historic judgment which overturned nearly 20 years of precedent relating to the principle of “reflective loss”. The judgment is welcome news for victims of fraud who might previously have been prevented from bringing a claim on the basis that the right of action of a company which had also been wronged may take priority.
The recent decision of the Court of Appeal in Sofer v Swissindependent Trustees SA [2020] EWCA Civ 699 considered the requirements for pleading dishonesty in the context of a breach of trust. We take a look at the basics of pleading fraud and consider what practical tips can be gleaned from this recent Court of Appeal decision.
As the Government pushes to fast track legislation to tackle widespread furlough fraud, we consider the emergency measures and ask, who may end up paying the price for fraudulent claims?
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.
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.
In the recent High Court case of Ms. Francesca Elu v Floorweald Limited [2020] EWHC 1222 (QB), the court was required to consider the Supreme Court judgment in Takhar v Gracefield Developments Limited [2019] UKSC 13.
In the recent case of Broomhead v National Westminster Bank plc and another [2020] EWHC 1005 (Ch) the High Court was asked to consider the grounds for setting aside a previous judgment on the basis of fraudulent conduct.
We are in a world of fast paced change and need to adapt. How do you however adapt when you had not quite got right the processes of new regulatory rules when faced with COVID-19?
An example of this arises from the challenges of strong customer authentication for retailers and those in the financial services sector, especially when it comes to dealing with vulnerable customers. In the COVID-19 era, with forced remote transactions and limited external support, many consumers may be classed to have increased vulnerability.
