fraud discovery institute

167 results for fraud discovery institute

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  • Plantation Holdings (FZ) LLC v Dubai Islamic Bank PJSC, Court of Appeal - Commercial Court, March 23, 2017, [2017] EWHC 520 (Comm)

    Introduction1. This is a claim by the Claimant, Plantation Holdings (FZ) LLC (`Plantation') for some US$2 billion. Plantation is a Dubai company which was incorporated in 2004 for the purpose of developing an upmarket and exclusive polo facility on the outskirts of Dubai which was to include villas, a hotel, rented flats and business units (`Planta...

    ..., the RSA was entered into as a result of the fraudulent misappropriation of certain funds received from DIB by ... Conditional Assignment entered into in August 2007 on discovery of the fraud committed by Ryan Cornelius and Charles Ridley. The ... by the president for the time being of the Chartered Institute of bankers ..''. 59. Clause 12 (``Release from liability'') then ...

  • Versloot Dredging BV and another (Appellants) v HDI Gerling Industrie Versicherung AG and others (Respondents)

    ...1. At common law, if an insured makes a fraudulent claim on his insurer, the latter is not liable to pay the claim. ... advised that the wording of the Inchmaree clause in the Institute Time Clauses might afford a defence under the policy if the ... that it is too easy, for in many cases the prospect of discovery may be poor. Another part seems likely to be a prevalent feeling ...

  • Joint Stock Company 'Aeroflot-Russian Airlines' v Berezovsky & Ors, Court of Appeal - Civil Division, July 02, 2013, [2013] EWCA Civ 784

    1. This is another appeal in which the jurisdiction of the English court is questioned in litigation where the parties are a Russian state controlled company, Russian-born individuals and various companies said to have been created or controlled by those individuals. In this case the claimant is the 51% state-owned Russian airline, which I will...

    ... It has alleged that in the years 1996-8 a fraud was perpetrated on it by the activities of the late Mr Boris ... states that it ``shall apply only to legal proceedings instituted..after its entry into force in the state of origin..''. As ... But the claimant also wished to obtain discovery of documents from the parent company concerning the defendants' ...

  • Man Nutzfahrzeuge Ag & Ors v Freightliner Ltd., Court of Appeal - Commercial Court, October 28, 2005, [2005] EWHC 2347 (Comm)

    1. In 1933 Edwin Richard Foden began building motor lorries at Sandbach in Cheshire. That business eventually developed into the ERF group of companies of which ERF Holdings Plc was the parent and ERF Limited the principal trading company which continued to build a range of trucks sold under the `ERF' badge, mainly to buyers in this country. (Refer...

    ...Sinderson. 2. The origins of the dispute. (a) Fraudulent manipulation of ERF's accounts and false VAT claims. 7. This is ... months between the completion of the take-over and the discovery of Mr. Ellis's fraud was one in which there were major changes to ... 5220.07 of the handbook published by the Canadian Institute of Chartered Accountants (``the CICA Handbook'') which provides ...

  • Various Claimants v Giambrone & Law (a firm) & Ors, Court of Appeal - Queen's Bench Division, July 07, 2015, [2015] EWHC 1946 (QB)

    1. Calabria is the Southern Italian region that forms the ``toe'' of Italy. It comprises the five provinces of Cosenza, Reggio Calabria, Catanzaro, Crotone and Vibo Valentia. The climate is Mediterranean as is its cuisine. The west-facing coastline borders the Tyrrhenian Sea and the east-facing coastline borders the Ionian Sea. Its overall extens...

    ...In August 2011 proceedings were instituted on behalf of those claimants, but they were not progressed ... e Finanza SpA was being prosecuted in a substantial fraud involving fraudulent financial services in Italy and overseas and ... (deliberately made) that the 31% was a recent discovery:. A. The paragraph is important. So I am dealing with the ...

  • Versloot Dredging BV & Anor v HDI Gerling Industrie Versicherung AG & Ors (Rev 1), Court of Appeal - Commercial Court, June 14, 2013, [2013] EWHC 1666 (Comm)

    1. This is a marine insurance claim for a partial loss. The Claimants (``the Owners'') are the owners of a gearless general cargo ship named ``DC MERWESTONE'' (``the Vessel''). The Defendants (``the Underwriters'') are the hull and machinery underwriters of the Vessel under a time policy for twelve months at 1 April 2009. On 28 January 2010 the

    ... because the presentation of the claim was supported by fraudulent statements. In addition, they challenge one element of the ... . The Issues. 22. The Policy terms included the Institute Time Clauses - Hulls 1/10/83 (``ITC'') and the Institute ... Owners or managers thereafter ought to have led to its discovery prior to the casualty. Issue 3(b): Did the deficient state of ...

  • Caliendo & Anor v Mishcon De Reya (a firm) & Anor, Court of Appeal - Chancery Division, February 04, 2016, [2016] EWHC 150 (Ch)

    1. This is a claim for professional negligence by Antonio Caliendo and Barnaby Holdings LLC (``Barnaby'') against the firm of solicitors Mishcon de Reya (which become a limited liability partnership during the relevant period, but for present purposes the distinction between the firm and the LLP can be ignored). Mr Caliendo and Barnaby claim not on...

    ... with another to use false instruments and to commit fraud by false representation after a trial at Southwark Crown Court. ... on behalf of QPRH requesting the President of the Institute of Chartered Accountants to appoint an expert under the Schedule ... was not even prepared to pay off the Blitz Loan (the discovery of which resulted in QPR being banned from signing players it ...

  • Bank of Beirut S.A.L. & Anor v HRH Prince Adel El-Hashemite & Anor, Court of Appeal - Chancery Division, May 22, 2015, [2015] EWHC 1451 (Ch)

    1. On 30 March 2015 I heard an application by the Claimants in these two actions for summary judgment and other relief. I indicated at the end of the argument that I was satisfied that judgment should be given against the First Defendant and made an Order accordingly. I did not however have time on that day to give my reasons; and I also wished t...

    ... . Each of the Banks claims to be the victim of a fraud carried out by a man who styles himself HRH Prince Adel ... This was prompted by the discovery that the Prince had registered a limited partnership at Companies ...``the Attorney-General, on behalf of the Crown, could institute proceedings by way of certiorari to cancel a registration which ...

  • Banner Universal Motion Pictures Ltd v Endemol Shine Group Ltd & Anor, Court of Appeal - Chancery Division, October 19, 2017, [2017] EWHC 2600 (Ch)

    1. This is a case management conference in a claim relating to a TV gameshow format called ``Minute Winner'' which was devised and committed to writing by 2005 by Mr Derek Banner. Mr. Banner is a Danish citizen, and the Claimant company, Banner Universal Motion Pictures Limited (``BUMP''), is an English company recently formed by him which contend...

    ... the author's own intellectual creation: see, e.g., SAS Institute Inc. v World Programming Ltd [2014] R.P.C. 8 at paras 29 to 37. ... bar is absolute in relation to all points decided unless fraud or collusion is alleged, such as to justify setting aside the lier judgment. The discovery of new factual matter which could not have been found out by ...

  • Primary Group (UK) Ltd & Ors v The Royal Bank of Scotland Plc & Anor, Court of Appeal - Chancery Division, April 11, 2014, [2014] EWHC 1082 (Ch)

    1. The Second Claimant (``Primary Group'') is the parent company of a group which has carried on business in the non-life insurance industry since 1997. The First Claimant (``Primary UK'') is a wholly-owned subsidiary of Primary Group. From 1997 to 2007 the First Defendant (``RBS'') provided banking services to the Claimants (collectively, ``Primar...

    ... partner of Coopers & Lybrand Ireland, President of the Institute of Chartered Accountants in Ireland and a non-executive director ... it in manuscript ``This has the making of a potential fraud or at least misdirection of funds for business that it could not ... to whom? The answer must be, to the recipient of the discovery. If the mistake was evident to that person then the exception ...

  • North Star Shipping Ltd & Ors v Sphere Drake Insurance Plc & Ors, Court of Appeal - Commercial Court, April 22, 2005, [2005] EWHC 665 (Comm),[2005] 2 CLC 238,[2005] 2 Lloyd's Rep 76

    1. In the early hours of the morning of 6th July 1994 the first claimant's bulk carrier ``North Star'' was damaged by an explosion at Drapetsona, near Piraeus. The vessel was moored in shallow water alongside the mole for the purpose of undergoing repairs in order to complete her special survey. The explosion was caused by the detonation of an ex...

    ..., there would have been an insured peril within the Institute War Clauses dated 1.10.83 which was expressly incorporated into ... by the assured Owners for the purpose of advancing a fraudulent claim on underwriters. . 24. Secondly, they say that they are ... of the explosion and as to the magnitude of the risk of discovery of the truth. If they were optimistic as to both these ...

  • Alliance Bank JSC v Zhunus & Ors, Court of Appeal - Commercial Court, March 18, 2015, [2015] EWHC 714 (Comm)

    2. In the claims underlying these applications, Alliance contends that in 2008 the Defendants devised and executed a scheme to acquire for their own benefit valuable assets (namely the shares and assets of two Russian companies which owned and operated oilfields formerly known as Krasnoleninskneftegaz-Dobycha (``KNG-D'') and DinyelNeft LLC (``Diny...

    ...'s collusion with employees of Alliance who were acting in fraud of their employer. It is to be inferred, it is said, that this ... period would begin to run from the time of that discovery. . 47. It is virtually self-evident that, if resort has to be ...The bank requested the financial police to institute criminal proceedings against those responsible. . 56. It is ...

  • Local Authority A v N & Ors, Court of Appeal - Family Division, April 02, 2015, [2015] EWHC 1301 (Fam)

    [Judge's note: This is an unusually long judgment. I consider its length and detail to be justified, because this is a rehearing by order of the Court of Appeal in respect of care and placement orders originally made in 2012 and it is necessary to explain today's decision very fully not only to the parents and grandparents, but also in the fullne...

    ... the H Children's Unit and H's directors on the grounds of fraud and embezzling up to £300,000 from the public purse; to Sports ... Honour Judge L stating: ``..attention is brought to the discovery [according to an item in the Daily Mail] that high levels of ... where she has the statutory duty to be registered to a institute of expert witnesses''. [1504]. 16.11.14: email to [a named] ...

  • Markel International Insurance Company Ltd v Higgins, Court of Appeal - Civil Division, July 23, 2009, [2009] EWCA Civ 790

    1. This appeal arises out of a finding at trial of dishonesty against an underwriting agent in his early seventies who was then suffering from Alzheimer's disease and had probably been suffering from it to some degree, possibly at a pre-clinical stage, at the time, two or three years earlier, when the events which led to that finding were taking pl...

    ... . 7. Mr Felstead had a conviction for insurance fraud, for which he had been sentenced to a term of three years ...This led in turn to the discovery that the Canadian Shipping bonds had been written in breach of ..., inter alia professor of mental health and aging at the Institute of Psychiatry, King's College. His two reports are dated 25 July ...

  • Involnert Management Inc v Aprilgrange Ltd & Ors, Court of Appeal - Commercial Court, October 08, 2015, [2015] EWHC 2225 (Comm)

    1. In the early morning of 3 December 2011 the claimant's yacht ``Galatea'' (``the Yacht'') caught fire at her mooring in the Athens Marina. As a result of the fire, the Yacht was damaged beyond economic repair. The defendants (``Insurers'') had agreed to insure the Yacht against all risks for an agreed value of €13 million. In this action the c...

    ... Value cover under Section B was subject to the American Institute Increased Value and Excess Liabilities Clauses (the ``IV ...167. A critical discovery from the Insurers' point of view was made some time in late 2013 ...The ``Misrepresentation or Fraud'' clause. 181. Mr Schaff QC had a further argument that, even if ...

  • Bank of Tokyo-Mitsubishi UFJ, Ltd & Anor v Baskan Gida Sanayi VE Pazarlama A.S. & Ors, Court of Appeal - Chancery Division, June 11, 2009, [2009] EWHC 1276 (Ch)

    1. At the end of December 2001 Baºkan Gida Sanayi Ve Pazarlama A.S. (``Baºkan Gida'') was, and had for many years been, the largest single exporter of hazelnuts in Turkey and, indeed, in the world. On 14th December 2001 Baºkan Gida made a loan agreement (``the Facility'') with the Bank of Tokyo-Mitsubishi UFJ Ltd and KBC Bank N.V. (respectively ``

    ... start to finish they were the victims of a premeditated fraud in which the prime movers were those members of the Baºkan ... known as TSE3075, issued by the Turkish Standards Institute in March 1978. A replacement (slightly more lenient) standard ... interruptions, such as might be caused by the discovery that a particular batch of incoming hazelnuts fell short of ...

  • DB v DLJ, Court of Appeal - Family Division, February 24, 2016, [2016] EWHC 324 (Fam)

    This judgment was delivered in private. The judge has given leave for this version of the judgment to be published on condition that (irrespective of what is contained in the judgment) in any published version of the judgment the anonymity of the children and members of their family must be strictly preserved. All persons, including representat...

    ... family financial dispute resolution was launched by the Institute of Family Law Arbitrators in February 2012. A useful short guide ...(g) the award being obtained by fraud or the award or the way in which it was procured being contrary ... Walkden v Walkden, he cannot be heard to say that his discovery of the true position in relation to the limit of cover amounted ...

  • US v SR, Court of Appeal - Family Division, January 31, 2014, [2014] EWHC 175 (Fam)

    1. This matter was listed before me as a 10 day fixture commencing on 14 October 2013 with two days allowed for judicial reading time. The litigation flows from cross-applications for financial remedy orders. The Applicant, US (``the Husband''), issued his application in May 2011. The Respondent, SR (``the Wife''), issued her application som...

    ..., was obliged through use of a computer programme fraudulently to redact and alter entries appearing on bank and credit card ... enquiries made on the Husband's behalf about his recent discovery that three of the Russian properties had been sold (Property K to ... relevant prosecuting body has taken the decision to institute criminal proceedings. 216. Both parties have addressed the issue ...

  • Manchester Building Society v Grant Thornton UK LLP, Court of Appeal - Commercial Court, May 02, 2018, [2018] EWHC 963 (Comm)

    1. This is a claim for damages by a building society caused by the admitted negligence of its accountant. The assessment of recoverable financial loss can be complex and uncertain of outcome. In the present case the recoverable loss may be £48.5m, as submitted on behalf of the Claimant, or nil, as submitted on behalf of the Defendant, or somewhere...

    ...The discovery of the error and the events thereafter 115-12. The individual ... to make an accountant who had allegedly failed to uncover fraud and imprudence at BCCI liable for losses which had been incurred ... Gee, the Society's Finance Director and a member of the Institute of Chartered Accountants, negligently devised the Society's ...

  • Oraki & Anor v Bramston & Anor, Court of Appeal - Civil Division, May 24, 2017, [2017] EWCA Civ 403

    1. The appellants, Dr Sheida Oraki and her husband Mr Ardeshir Oraki, brought an action for damages against the respondents as successive trustees in their respective bankruptcies. The respondents were alleged to have acted in breach of duty to the appellants in their conduct of the bankruptcies in a significant number of respects, but in particula...

    ..., on the grounds that the judgment had been based on fraudulently charged fees. The judge, Mr Robert Ham QC (sitting as a Deputy ...95. The need for an interview was demonstrated by the discovery in the course of 2007 of further assets held by Dr Oraki that had ... this in a letter dated 10 December 2007 to The Institute of Chartered Accountants in England and Wales, his licensing ...

  • Young v Young, Court of Appeal - Family Division, November 22, 2013, [2013] EWHC 3637 (Fam)

    1. I have been dealing with an application for the full range of financial remedies by the Applicant, Michelle Young (hereafter ``the Wife'') against the Respondent, Scot Young (hereafter ``the Husband''). I mean no disrespect in calling them Husband and Wife but do so merely for the sake of convenience. 2. I must also consider an application da...

    ... could not be honoured, they called in the loans and instituted possession proceedings against the Husband. I heard oral ... . . Further attempts by the Wife to obtain discovery. 79. The Wife has applied at various times both for Inspection ... struck off as a solicitor or he perpetrated a significant fraud on the Bank of Scotland in claiming he owned share certificates ...

  • GE Commercial Finance Ltd v Gee & Ors, Court of Appeal - Queen's Bench Division, September 28, 2005, [2005] EWHC 2056 (QB)

    1. City Truck Group Ltd (``CTG'') is a company that until January 2002 carried on a very substantial business operating more than 1000 trucks and associated activities. David Gee had built the business up since the late 1970s. He owned 80 per cent of the share capital of CTG, the balance being held by 3i. He was described in the accounts as the Gro...

    ... is a claim by GE for damages for the tort of deceit or fraudulent misrepresentation and, or in the alternative, the tort of .... 165. Another reason for Mr Gracey's unease was the discovery in May 2000, and again in October 2000, that someone had been ...She is a member of the Institute of Credit Management and had a number of years experience before ...

  • Test Claimants in the Franked Investment Income Group Litigation (Appellants) v Commissioners of Inland Revenue and another (Respondents)

    ...(a) the action is based upon the fraud of the defendant; or . (b) any fact relevant to the plaintiff's ...The bill was issued within six years of discovery of the mistake. Alderson B held that the claim was not ... state or of the Community authorities, that person may institute proceedings before the courts of a member state in order to ...

  • Indah Kiat International Finance Company B.V., Re The Companies Act 2006, Court of Appeal - Chancery Division, February 12, 2016, [2016] EWHC 246 (Ch)

    1. This is an application by Part 8 Claim Form by Indah Kiat International Finance Company B.V. (the ``Scheme Company'') for an order convening a single meeting of its scheme creditors (the ``Scheme Creditors'') to consider and if thought fit approve a scheme of arrangement (the ``Scheme'') pursuant to Part 26 of the Companies Act 2006. 2. The app...

    ... it expiring by reason of limitation, and seeking discovery from the Scheme Company and the Parent to identify any relevant ... the standard proof that the law requires for allegations of fraud and dishonesty, that Mr. Widjaja perjured himself by deliberately ... He also suggests that they might institute enforcement action or formal insolvency proceedings against the ...

  • Royal National Institute for Deaf People & Ors v Turner, Court of Appeal - Chancery Division, November 18, 2015, [2015] EWHC 3301 (Ch)

    1. This is a probate action arising out of the death of Dorothy Whelen (``Mrs Whelen'') who died on 9 February 2012 aged 92. The Claimants are the residuary beneficiaries under a will dated 21 October 1982 (``the 1982 Will''). The Defendant, Alan Turner, is a relatively small beneficiary under a homemade will which is alleged to have been executed

    ...He repeated that he was extremely upset by the discovery. Mrs Turner was one of his closest friends. He did not discuss the matter with Mrs Turner. He was ...113. In the 10 April 2013 Philip Turner complained that his mother was accused of being fraudulent:. I take umbrage to the fact (although it was probably instigated by David Fellows) that on more ...