Articles by author
Sanctions on the rise: the 6th Anti-Money Laundering Directive and the post-Brexit landscape
The 6AMLD has been introduced and implemented to provide stricter measures in the fight against money laundering. In particular, criminal sanctions both by way of imprisonment and fine are increased. Further, 6AMLD broadens the scope of financial crimes being dealt with. However, whilst 5AMLD has been incorporated into the UK’s domestic legislation, 6AMLD will not be implemented. This is because the UK has its own strict measures in place for AML offences.
1 MAR 2021Could’ve, would’ve, should’ve: commercial fraud and the reasonably diligent claimant
Over the last two years there have been a number of reported cases dealing with the proper interpretation of s 32 of the Limitation Act 1980 which postpones the normal limitation period in cases of fraud, concealment, or mistake. From the Supreme Court’s judgment in the Test Claimants in the Franked II Group Litigation v Revenue and Customs Commissioners [2020] UKSC 47 to the Court of Appeal’s decision in OT Computers Ltd v Infineon Technologies AG [2021] EWCA Civ 501, there have been many recent judgments which clarify concepts like “reasonable diligence”. A further recent decision of the High Court in Arif v Sanger [2021] EWHC 3475 (QB) applies the case law in the context of commercial fraud and corporate directors. This article will bring all of these authorities together and review the major developments to the law of limitation.
1 APR 2022Service, lies and NFTs: litigation and the blockchain
Since the advent of the blockchain, the courts have grappled with difficult concepts such as how to classify cryptocurrency or non-fungible tokens (NFTs) in claims involving fraud or the enforcement of property rights. In this article we will look at some of the recent developments in caselaw in England and Wales with a practical focus on the tools currently available to litigators when dealing with these concepts and in particular: (i) the use of the blockchain in serving proceedings; (ii) important considerations for instructing experts in claims involving cryptoassets; and (iii) the particular importance of Bankers Trust and Norwich Pharmacal orders.
1 NOV 2022“Trust, not distrust”: can Quincecare apply to cryptocurrency transactions on exchanges?
The duty in Quincecare can prove a difficult principle to apply in practice. In the current age of cryptocurrency fraud and the open question of the scope of an exchange’s liability, is now an appropriate time to extend duties found in banking law to the activities of an exchange, or is that taking matters too far?
1 FEB 2024
