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Author: Support Admin

What does the Supreme Court judgment in Sevilleja v Marex mean for victims of fraud?

On 15 July 2020, the Supreme Court handed down a historic judgment which overturned nearly 20 years of precedent relating to the principle of “reflective loss”. The judgment is welcome news for victims of fraud who might previously have been prevented from bringing a claim on the basis that the right of action of a company which had also been wronged may take priority.

What are the requirements for pleading fraud?

The recent decision of the Court of Appeal in Sofer v Swissindependent Trustees SA [2020] EWCA Civ 699 considered the requirements for pleading dishonesty in the context of a breach of trust. We take a look at the basics of pleading fraud and consider what practical tips can be gleaned from this recent Court of Appeal decision.

  • What are the basic elements of a fraud claim?
  • What does the case law say about pleading fraud?
  • How specific do the Particulars of Claim need to be in relation to a pleading of dishonesty against a corporate body?