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F - Fraud and mistake 


8/3/24

BRENDON INTERNATIONAL LTD v WATER PLUS LTD [2024] EWCA Civ 220

Explains the distinction between the legal and evidential burden of proof [50].  In a claim for recovery of money paid by mistake, the legal burden of proof is on the claimant.  The judge had wrongly confused the two and wrongly applied a presumption.  The appeal court explained when a person may be regarded as qualified to give expert evidence [75] and when a witness can give evidence of fact and opinion [86].   The judge had failed to give sufficient reasons for refusing to treat a witness as an expert.  The court also considered what reasonable diligence means in the context of Limitation Act 1980, s.32 [94].  The judge had not asked the right question, which involves asking what the actual claimant could have learned not just what they did learn.


27/5/20

BOYSE (INTERNATIONAL) LTD v  NATWEST MARKETS PLC [2020] EWHC 1264 (Ch)

Considers the law relating to pleading deceit and fraud in a claim relating to LIBOR manipulation [35] and when the claimant could with reasonable diligence have discovered the fraud for the purpose of s 32(1) Limitation Act 1980 [38].  For that purpose there must have been something to put the claimant on notice [47].  Considers whether proceedings can be struck out where this is in issue, or whether summary judgment is appropriate [48].  It will normally be appropriate for summary judgment to be pursued on a limitation point and preferably after the claimant has had an opportunity to plead its case [53].  On the facts the claim was time barred and an application for permission to amend was dismissed.