Serle Court publishes its 31st edition of SerleSpeak

Our latest issue of SerleSpeak focuses on Corporate Fraud and Insolvency. In this issue, our barristers explore recent key cases and developments as follows:

Lance Ashworth KC and Matthew Morrison explore the adage that “knowledge is power” when they discuss potential avenues provided by insolvency legislation for obtaining information in pursuit of fraud claims without the onerous task of first obtaining a freezing injunction.

Daniel Lightman KC and Charlotte Beynon explain the lessons learned from the BHS litigation, in particular the importance of selecting a date (or multiple dates) of knowledge (on which the director knew or ought to have known insolvent liquidation could not be avoided) inorder to bring a successful wrongful trading claim against former directors.

Jonathan McDonagh considers the growing trend of group litigation in commercial disputes and the potential to litigate large scale corporate frauds by way of group action. He comments on the Court’s willingness to determine allegations of corporate fraud on a collective basis in order to hold corporations to account for large scale deceits.

To read the latest issue, click here.

If you have any comments or suggestions for future topics, contact our Business Development Team. We greatly value your feedback.