The Spring 2018 issue of our Resolve publication includes: Courts rule on requirement to explain and justify disclosure methods; Jurisdictional certainty but uncertainty on the horizon; Injunction against persons unknown in fraud claim and more...


A turning of the tide? Financial institutions' duty of care in light of Singularis Holdings Ltd (in official liquidation) v Daiwa Capital Markets Europe Ltd

The Court of Appeal's much anticipated judgment in Singularis Holdings Ltd (in official liquidation) v Daiwa Capital Markets Europe Ltd [2018] EWCA Civ 84 was handed down in February. It upheld the decision of the High Court that Daiwa, a stockbroker, breached its Quincecare duty of care to its customer by making payments without inquiry, when it should have been on notice that its client's instruction was an attempt to misappropriate funds.

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Courts rule on requirement to explain and justify disclosure methods

The decision of Mr Justice Coulson in the Technology & Construction Court in Triumph Controls , follows a line of cases, including the often referenced judgment of Morgan J in Digicel , where parties have been reprimanded and sanctioned for taking unilateral decisions in disclosure exercises, failing to follow the rules and cooperate with opponents. That the Claimants' failures in Triumph Controls concerned the use of some relatively new technology and techniques, was really incidental to the case's central issue of failure to comply with the Civil Procedure Rules.

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Privilege round up

The privilege is all mine…or is it? Further guidance on litigation privilege

Since the decision of Andrews J in SFO v ENRC, in mid- 2017, lawyers have been more than usually alert to the question of whether communications, generated in the course of an internal investigation, will attract litigation privilege, particularly when the outcome of the investigation may be criminal, rather than civil proceedings.

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JSC BTA Bank v Khrapunov – Jurisdictional certainty but uncertainty on the horizon

In JSC BTA Bank (2018), the Supreme Court has held that in cases of conspiracy to cause loss by unlawful means, limb (b) of Article 5(3) of the 2007 Lugano Convention must be interpreted to mean that the 'place of the event giving rise to the damage' refers to the location of the initial conspiratorial agreement.

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Injunction against persons unknown in fraud claim

CMOC applied for a worldwide freezing order having fallen victim to an alleged fraud.  The email account of one of its senior managers was hacked and payment instructions were sent for several large transfers to banks around the world from its account at the Bank of China in London, amounting to around £6.3 million.

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Quick updates for those dealing with disputes

Our quick updates in this issue include recent cases on: Precision in settlement agreements – a clause for concern?; Access to court documents by non-parties under CPR 5.4C: the impact of the open justice principle; Foreign freezing orders can be notified to asset holders in this jurisdiction pending appeal.

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Key contact

Kate Menin

Kate Menin

Professional Support Lawyer, Dispute Resolution
London

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