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Whistleblowing: why are people still afraid to speak out?

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On 23rd June 2021, it was World Whistleblowing Day. There is much to celebrate with a noticeable shift in global attitudes towards whistleblowing and those who lift the lid on criminal or unethical conduct thanks to movements such as the #MeToo movement. However, in an online poll conducted by Tenet Compliance & Litigation, an incredible 93% of respondents stated that they still thought becoming a whistleblower would impact their career. So, what is it about whistleblowing that makes people so fearful?

Recent case law: remedies in fraud

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There is no “one size fits all” when it comes to ways to argue and seek the Court’s assistance in fraud claims. This is largely due to the fact that the umbrella term “fraud” covers a wide variety of possible causes of action and different remedies available depending upon the nature of the claim itself. This broad menu of both causes of action and remedies allows the courts to be flexible in terms of the way that fraud is dealt with.

Indeed, where there is a pleading of fraud there is often a greater scope for recoverable damages and the courts may take a more expansive approach to loss. Two recent cases provide clarity on common remedies in fraud, namely damages for fraudulent misrepresentation and an account of profits.

Fraud and summary judgment

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Historically, where a claimant pleaded fraud, they were not entitled to make an application for summary judgment. The reason for this so called “fraud exception” was that due to the serious nature of the allegations and consequences of such, it would be inappropriate for such matters to be determined at an interim stage without defendants being afforded the opportunity to fully explore the issues at trial. This exception was abolished in England and Wales in 1992, and yet it has remained difficult to meet the threshold for summary judgment in fraud cases.

Cryptocurrencies: How are they regulated in the UK?

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We’ve all heard of Bitcoin, but for a long time the concept of a “cryptocurrency” seemed to belong to another world, the online world, and was something far removed from day-to-day life. In recent years, cryptocurrencies have crept further and further into the real world with Mastercard announcing plans to support cryptocurrency payments on its network this year, and a number of traditional banks planning to welcome Bitcoin and other cryptocurrencies, eventually treating them like any other asset.

Banks not liable to customers’ creditors in latest Quincecare ruling

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The Court of Appeal has recently upheld an appeal by HSBC against a High Court ruling which refused to strike out a claim against it for breach of its Quincecare duty when it unwittingly got caught up in a Ponzi scheme. The decision limits the scope of the Quincecare duty and will be welcomed by financial institutions.

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Injunction obtained with misleading evidence is discharged

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In the recent case of Valbonne Estates Limited v (1) Cityvalue Estates Limited (2) United Homes Limited [2021] EWHC 544 (Ch), Mrs Justice Bacon discharged a pre-action injunction that had been obtained on a without notice basis, on grounds that the injunction had been obtained with misleading evidence.

Tenet teams up with RICS to share knowledge on property fraud…

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Tenet Compliance & Litigation is delighted to have teamed up with RICS in writing content for their isurv online library covering a range of subjects about property fraud in the commercial property sector. We produced about 12,000 words of content to help their members who use this service prevent and respond to fraud. They have approx. 140,000 members across over 140 countries.

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Dale v Banga & others: When is new evidence not sufficiently connected to factual matters to show a judgment has been obtained by fraud?

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The principle of “fraud unravels all” relies upon new evidence being capable of demonstrating that there was “conscious and deliberate dishonesty” which was causative of the original judgment being obtained by fraud. Where the fresh evidence adduced is not sufficiently related to the issues which were before the court in the original trial, the scales of justice will favour the finality of litigation.

quincecare-duty-a-review-of-developments

Quincecare duty: a review of developments

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Following the Supreme Court judgment in Singularis v Daiwa and a number of high-profile interim judgments on the so-called “Quincecare” duty during the course of 2020, we take a look at how the law is developing in this area and what we can expect from the case law going forward.

recordings

Recordings

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Covert or illicit recording – Can it be used as evidence in a civil fraud dispute?

What if a fraud victim obtains or is in possession of an audio recording, obtained improperly, which contains information that the victim believes proves a civil fraud has been committed?  Will the Court allow such material to be admitted as evidence in support of the victim’s fraud claim?