News

The Data Protection Act: a new route for beneficiaries to obtain information

In Dawson-Damer v Taylor Wessing LLP [2017] EWCA 74 the Court of Appeal has determined that the Data Protection Act 1998 (“DPA”) may be used by beneficiaries of trusts to obtain information which under established trust law principles they would … Continue reading

More Galleries | Comments Off on The Data Protection Act: a new route for beneficiaries to obtain information

The Prosecution of Corporate Entities: Proposals for reform

The Government is currently consulting on proposals to extend corporate criminal liability beyond its common law constraints specifically for economic crimes, including fraud, money laundering and false accounting when committed on behalf or in the name of companies. Companies are … Continue reading

More Galleries | Comments Off on The Prosecution of Corporate Entities: Proposals for reform

The notification injunction after Candy v. Holyoake

Whilst judgment is awaited in the well-publicised and hard-fought litigation between Mark Holyoake and his former friends Christian and Nick Candy, fraud practitioners may well have been rather more interested in the outcome of one of the interlocutory hearings, and … Continue reading

More Galleries | Comments Off on The notification injunction after Candy v. Holyoake

Do class actions exist in the United Kingdom? Not really! Should they?

What is a class action in the USA? A class action is a collective claim in which the court awards permission to an individual or individuals to bring the claims of others similarly situated (the class members) in a single … Continue reading

More Galleries | Comments Off on Do class actions exist in the United Kingdom? Not really! Should they?

Private prosecutions: a global affair?

There has been an exponential increase in global business since the turn of the century. International trade is no longer the preserve of the Fortune 500. Every corner shop in Croydon is a customer in the international marketplace, importing goods … Continue reading

More Galleries | Comments Off on Private prosecutions: a global affair?

Quarterly update on Freezing injunctions

Kazakhstan Kagazy Plc v Zhunus [2016] EWCA Civ 1036 – Court of Appeal A group of companies brought proceedings against their former chairman (“Mr Zhunus”), CEO (Mr Arip”) and former director (“Mr Dikhanbayeva”) for misappropriation of their assets. When serving … Continue reading

More Galleries | Comments Off on Quarterly update on Freezing injunctions

Edmonds Marshall McMahon Quarterly update on Trusts

Hague Plant v Hurtley [2016] EWHC 2663 (Ch) In a complex action relating to a cross invoicing scheme between two companies, Norris J followed the Supreme Court decision in Patel v Mirza [2016] UKSC42 and held that allowing recovery for … Continue reading

More Galleries | Comments Off on Edmonds Marshall McMahon Quarterly update on Trusts

Obtaining Evidence for Use In Foreign Proceedings: A discussion of nuances in Norwich Pharmacal relief in the context of foreign criminal and civil proceedings

The case of Norwich Pharmacal v Customs & Exercise Commissioners [1974] AC 133 established the Norwich Pharmacal jurisdiction. The remedy obliges a third party who is “mixed up” in the wrongdoing to disclose to a claimant the identity of another … Continue reading

More Galleries | Comments Off on Obtaining Evidence for Use In Foreign Proceedings: A discussion of nuances in Norwich Pharmacal relief in the context of foreign criminal and civil proceedings

Kate McMahon Featured in The Lawyer’s Hot 100!

Edmonds Marshall McMahon is pleased to announce that Kate McMahon has been featured in the Lawyer’s Hot 100 for 2017. The Hot 100 is a celebration of extraordinary lawyers based in the UK who have completed groundbreaking work in the … Continue reading

More Galleries | Comments Off on Kate McMahon Featured in The Lawyer’s Hot 100!

How changes to the Criminal Procedure Rules are part of an evolution towards further co-operation in disclosure

With potentially drastic consequences to prosecutions for procedural failures, disclosure has long been treated by the defence as an Achilles heel of prosecutors, especially in the face of the realities of disclosure in the ‘information age’. However, changes in the … Continue reading

More Galleries | Comments Off on How changes to the Criminal Procedure Rules are part of an evolution towards further co-operation in disclosure