Due Diligence in UK Law

Leading Cases
  • Riverstone Meat Company Pty. Ltd v Lancashire Shipping Company Ltd
    • House of Lords
    • 07 Febrero 1961

    It is plain to me that this conclusion turns on the consideration that the causative carelessness took place at a time before the carrier's obligation under Article III (1) had attached and in circumstances, therefore, when the builders and their men could not be described as agents for the carrier This is a tenable position for those who engage themselves upon the work of bringing the ship into existence.

  • Arnold v National Westminster Bank Plc
    • House of Lords
    • 25 Abril 1991

    Cause of action estoppel arises where the cause of action in the later proceedings is identical to that in the earlier proceedings, the latter having been between the same parties or their privies and having involved the same subject matter. In such a case the bar is absolute in relation to all points decided unless fraud or collusion is alleged, such as to justify setting aside the earlier judgment.

  • Associated Leisure Ltd (Phonographic Equipment Company Ltd) v Associated Newspapers Ltd
    • Court of Appeal (Civil Division)
    • 28 Mayo 1970

    But when the defendant seeks to plead justification at a late stage, his conduct will be closely enquired into. The Court will expect him to have shown due diligence in making his enquiries and investigations. The Court may well refuse him application if he has been guilty of delay or not made proper enquiries earlier. That case turned on its particular circumstances. That is why it was never reported. It is the case of O'Toole v. Chambers (unreported, 1924. O. No. 1743)

  • Man Nutzfahrzeuge AG and another v Freightliner Ltd and Others
    • Queen's Bench Division (Commercial Court)
    • 28 Octubre 2005

    Perhaps the first point to make in relation to the remaining three allegations is that in reality they are all complaints about the conduct of the audit and if well-founded could be the subject of a claim by ERF itself. None of them relates to the services that E&Y (UK) were engaged by Western Star to perform in connection with MN's due diligence exercise. E&Y (UK)'s sole function in that regard was to make working papers and explanations available to Deloitte & Touche.

  • Riverstone Meat Company Pty. Ltd v Lancashire Shipping Company Ltd
    • Court of Appeal
    • 26 Noviembre 1959

    An obligation to exercise due deligence is to my mind indistinguishable from an obligation to exercise reasonable care - a concept not unfamilar in English Law, and one to be sharply distinguished from the obligation, to which certain relationships give rise, to see that care is taken.

  • Mobilix Ltd ((in Administration)) v HM Revenue and Customs; Blue Sphere Global Ltd v Same; Calltel Telecom Ltd and Another v Same
    • Court of Appeal (Civil Division)
    • 12 Mayo 2010

    The test in Kittel is simple and should not be over-refined. It embraces not only those who know of the connection but those who “should have known”. If a trader should have known that the only reasonable explanation for the transaction in which he was involved was that it was connected with fraud and if it turns out that the transaction was connected with fraudulent evasion of VAT then he should have known of that fact.

  • Hunter and Others v Chief Constable of West Midlands
    • Court of Appeal (Civil Division)
    • 17 Enero 1980

    On an appeal (which is a re-hearing) we have said that the fresh evidence must be such that, if given, it would probably have an important influence on the result of the case, though it need not be decisive, see Ladd v. Marshall (1954) 1 Weekly Law Reports at page 1491 and Skone v. Skone (1971) 1 Weekly Law Reports at page 815. But in order to avoid the effect of an estoppel (when there is no re-hearing) the fresh evidence must, I think, be decisive.

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Legislation
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Books & Journal Articles
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Law Firm Commentaries
  • AML and due diligence
    • LexBlog United Kingdom
    A key part of the UK anti-money laundering (AML) regime is customer due diligence (CDD) which comprises checks that firms should apply to new customers whether or not they are high risk. Another im...
  • ECJ publishes MLD3 due diligence interpretation opinion
    • JD Supra United Kingdom
    ECJ has published an opinion in the case of Safe Interenvíos S.A. v. Liberbank S.A. and Others. Three banks had closed accounts a payment institution held with them, on the basis of money launderin...
  • IP Due Diligence
    • Mondaq UK
  • ESG due diligence
    • JD Supra United Kingdom
    Over the last 18 months, a raft of publicity has propelled environmental, social and governance (ESG) issues to the forefront of corporate thinking. Three sources of pressure are behind this: (1) f...
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Forms
  • Apply to become someone's deputy (make a declaration)
    • HM Courts & Tribunals Service court and tribunal forms
    Court of Protection forms including the COP1 application to make decisions on someone's behalf.
    ... ... to the court if I feel additional powers ... are needed ... I will act with due care, skill and diligence, ... as I would do in making my own decisions ... and conducting my own affairs. Where I ... undertake my duties as a deputy in the ... course of my ... ...
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