In this blog post, I consider the recent judgment by the High Court in Sloutsker v Romanova, which clarifies:
In the first of four posts on asset recovery in fraud claims, Arun Chauhan and Elizabeth Rhodes look at the early stage considerations of asset tracing. Continue reading
Several recent decisions have highlighted the problem that the form of a contract may be greatly at variance with its substance as the parties deliberately and knowingly operated it. Features of many of these cases are “basis clauses” and the principle of contractual estoppel. The decision of Mr Tim Kerr QC, sitting as a deputy High Court judge in Crestsign Limited v National Westminster Bank plc and Royal Bank of Scotland, grappled with both points. His decision is now subject to an appeal which is expected to be heard in the coming months. Continue reading