2024 was yet another active year in fraud disputes.
In this wrap up, we take a look back at some of the key decisions from last year. Freezing injunctions remain a key focus, with further judicial guidance provided as to the merits threshold to be satisfied, and the application of Babanaft provisos.
2024 also saw a key Supreme Court decision handed down in relation to how far directors will be liable as “accessories” for torts committed by their companies, providing much needed clarity for officers.
We also consider some interesting cases which provided procedural guidance as to: (i) how fraud cases are to be pleaded, and how much evidence is needed at an early pleading stage – with courts recognising that placing too heavy an evidential burden on claimants early on has a potential stifling effect, and (ii) when fraud claims may be appropriate for summary judgment / strike out.
The scope of Norwich Pharmacal relief was also considered insofar as it applies to firms of solicitors - demonstrating that privilege will not always operate as a bar to the relief.
