Bank Notes

  • Home
  • News
  • Administration
  • Agency and Mandate
  • Bonds and Notes
  • Cheques and bills
  • Companies
  • Confidentiality
  • Consumer credit
  • Contract
  • Conversion
  • Data Protection
  • Default and demand
  • Documentary credits
  • Fiduciary duties
  • Financial Services Regulation
  • Fraud and economic torts
  • Guarantees and indemnities
  • Hire and asset finance
  • Injunctions
  • Insurance
  • Joint and vicarious liability
  • Limitation
  • Mistake
  • Money Laundering
  • Negligence and Advisory Liability
  • Partnership
  • Procedure
  • Receivership
  • Security
  • Trust and Accessory Liability
  • Unjust enrichment


September 2018


13/9/18

STOFFEL & CO v GRONDONA [2018] EWCA Civ 2013

A claimant involved as borrower in a mortgage fraud was not prevented from obtaining damages from negligent solicitors who had acted for the claimant in the transaction.  Considers principles of sham transactions and illegality.


7/9/18

AUTOGAS (EUROPE) LTD v OCHOCKI [2018] EWHC 2345

Summarises principles for liability for dishonest assistance [11], including the test for a finding of dishonesty [13].  It is not necessary to plead dishonesty expressly; however, if it is not expressly pleaded, the court is not entitled to make a finding of fraud unless the primary facts pleaded are inconsistent with anything other than dishonesty [15].  Also considers the nature of a so-called VAT acquisition fraud [17].