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Goodbye Ye Olde Search Order….Hello SPIDI (Search, Preserve, Image, Disclosure & Inspection) Order
In TBD vs Simons [2020]EWHC30Ch the Court of Appeal has made it clear that the old form of Search Order which bundled up searching, preserving, imaging, disclosure and inspection is no longer fit for purpose. Each aspect of a Search Order must be identified and separately justified. In a nutshell if your central concern is
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To be or not to be your CEO. That is the question.
Would you be able to spot a deep fake video of your CEO? Companies should prepare for the next wave of cybercrime in which criminals use AI-based software to impersonate voices and images. In this frightening new world, rigorous processes are key to managing a swift response to fraud, says Joe Hancock How well do
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Private prosecutions: taking the fight to international fraudsters
When the state won’t prosecute, or the victim of fraud wants to play a more direct role in securing access to justice, a private prosecution can offer victim’s their day in court and a route to punishment for the fraudsters, as well as restoration for the victim, writes Gareth Minty Why did the Swiss-registered company
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RETURN ON INVESTMENT: Making litigation pay its way – the IFG philosophy
“Among the global firsts achieved by the International Fraud Group was the development of its R.O.I. approach to asset recovery, first deployed in the late 70’s when instructed by Citibank to recover fraud losses emerging out of their Asian business. This philosophy lies at the heart of everything the IFG does and distinguishes us from
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A banker’s quincecare duty: practical implications of some recent judicial authority
In Barclays Bank plc v. Quincecare Ltd [1992] 4 All ER 363, it was held that "a banker must refrain from executing an order if and for as long as the banker is 'put on inquiry' in the sense that he has reasonable grounds (although not necessarily proof) for believing that the order is an attempt to misappropriate the funds of the company".
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Are you ready for strong customer authentication?
The revised Payment Services Directive ("PSD2") makes significant amendments to the laws that govern payment services in the EU.
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Fraud Insights: Protecting shareholder rights through unfair prejudice petitions
Where the affairs of a company are being or have been conducted in a manner that it is unfairly prejudicial to the interests of a shareholder, or an actual or proposed act or omission would be so prejudicial, a shareholder can apply to the Court under section 994 of the Companies Act 2006 through what is commonly known as an unfair prejudice petition.
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Fraud Insights: Worldwide freezing order continued despite allegations of delay
A recent decision of the High Court in PJSC National Bank Trust and PJSC Otkritie Bank Financial Corporation v Boris Mints and others [2019] EWHC 2061 (Comm) found that it was appropriate to continue a worldwide freezing order in circumstances where there was a good arguable case that the Defendants had used complex structures and methods, involving substantial sums of money, to defraud the Claimant banks despite the absence of any recent evidence of dissipation by the defendants.
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