Fraud in Commercial Transactions

07 October 2015

Transactions to Defraud Creditors - Iniquity and Privilege:
• The judgment in London Borough of Brent v Kane [2014] EWHC 4564 (Ch)
• What is an iniquitous purpose?
• Proving intention by inference
• Key points for legal advisors

Christine Cooper

Piercing the Corporate Veil in cases involving fraud:
• The current state of the law following Pest v Petrodel Resources.
• The requirements for piercing the veil.
• What constitutes the necessary impropriety?
• Practical difficulties.

Joshua Swirsky

Limitation – Extensions for Fraud, Concealment, Mistake and Breach of Trust:
• Under s. 32 of the Limitation Act 1980, the limitation period for actions relating to fraud or mistake or where the facts have been deliberately concealed starts running only from the date when the fraud, mistake or concealment "could with reasonable diligence have been discovered". What is the meaning of "reasonable diligence"? Does "could" mean "should"?
• What is the meaning of "deliberate concealment"? Can doing nothing ever amount to "deliberate concealment"?

Miles Croally