13/9/18
STOFFEL & CO v GRONDONA [2018] EWCA Civ 2013
A claimant involved as borrower in a mortgage fraud was not prevented from obtaining damages from negligent solicitors who had acted for the claimant in the transaction. Considers principles of sham transactions and illegality.
7/9/18
AUTOGAS (EUROPE) LTD v OCHOCKI [2018] EWHC 2345
Summarises principles for liability for dishonest assistance [11], including the test for a finding of dishonesty [13]. It is not necessary to plead dishonesty expressly; however, if it is not expressly pleaded, the court is not entitled to make a finding of fraud unless the primary facts pleaded are inconsistent with anything other than dishonesty [15]. Also considers the nature of a so-called VAT acquisition fraud [17].