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.

Please click here to access the report.