ICC FraudNet Global Report 2021

We are pleased to introduce ICC FraudNet's inaugural Global Report, 'International Developments and Perspectives in the field of Fraud, Financial Crime and Asset Recovery'. The Members and Strategic Partners of FraudNet have authored and co-authored articles for inclusion in this publication, as well as their colleagues and staff who have assisted them.

FraudNet’s unparalleled international reach and subject expertise in fraud and asset recovery are well captured in this Report, and it is testament to the collective energy of the group that such wide-ranging insights were provided for this Report from so many countries, particularly in these unprecedented times.

Ethics in Without Notice Orders – Frankly, the Judge Needs to be Told

At page 130 of the Report Lance Ashworth QC and Matthew Morrison look at the duty to give full and frank disclosure when seeking orders without notice to the opposing party. The applicable principles in England and Wales are considered along with an analysis of the High Court’s current position as to how stringently this duty must be complied with. This is contrasted briefly with the apparently more lenient position in the British Virgin Islands (‘BVI’). Of particular interest is the requirement, as part of the duty to give full and frank disclosure, to make relevant inquiries before seeking such an order.

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Related Barristers

Lance Ashworth KC

Call: 1987
Silk: 2006

Matthew Morrison KC has a broad commercial chancery practice, with particular expertise in civil fraud, company and partnership disputes, and insolvency litigation.

Described by Chambers UK 2027 as an “outstanding barrister” who is “technically brilliant, fantastic with clients and someone whose cross-examination is exceptional”, Matthew regularly appears in the High Court and Court of Appeal and has acted in proceedings before the Grand Court and Court of Appeal of the Cayman Islands, the Eastern Caribbean Supreme Court (BVI), the Supreme Court of Gibraltar, the Isle of Man High Court of Justice and the Dubai International Financial Centre Courts. He also has significant experience assisting advocates before the Royal Courts of Jersey and Guernsey. He is generally admitted to the BVI Bar and is currently admitted ad hoc on a number of matters in the Cayman Islands.

Matthew is an established legal author. He has written widely read PLC practice notes on minority shareholder remedies and edits chapters on directors’ duties and disqualification, and insolvency, in Gore-Browne, Butterworths Corporate Law Service, Tolley’s Company Law Service and Tolley’s Company Law Handbook; and on unfair prejudice, misfeasance and disqualification in the Law of Limited Liability Partnerships (Whittaker and Machell (6th ed.), 2026).