Derry v Peek [1889] UKHL 1 – Law Journals

Construction focus: Adjudication – after-the-event fraud

Can fraud that is discovered after adjudication invalidate a decision? John Starr investigates ‘The judge took the view that this was one of those rare adjudication cases where there was a properly arguable defence that the decision was obtained by fraud.’ Those representing parties in adjudication can often come under pressure to allege fraud against …

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Fraud: The whole truth and anything but the truth

Andrew Beck and Gwendoline Davies take an overview of remedies for commercial fraud, deceit and bribery ‘While there may be circumstances in which it is necessary to plead fraud, parties should be mindful of the possibility that other types of claim may deliver the results they are looking for.’ Civil cases of fraud, deceit and …

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Fraud: When gross negligence is not enough

In an article highlighting the key points of a case involving deliberate deceit by a surveyor, Jonathan Brooks explores the principles involved ‘E-mail correspondence abounds and is often of so informal a nature that it is issued without the same level of thought and care that a writer may give to, say, a more formal …

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Fraud: Bad pennies

Alison Padfield considers the recovery of the costs of investigating insurance fraud: current routes and proposed reform The only remedy for breach of the duty of good faith is avoidance of the policy, not damages, so the costs of investigating a claim cannot be recovered by that route. According to the United Kingdom’s Insurance Fraud …

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Bribery Act: More or less guilty

Mathew Leverton reviews recent guidelines, bad faith and the Bribery Act ‘The Act creates the new offence of failure by companies to prevent bribery committed on their behalf.’ If it is possible to generalise at all, one might observe that the law dealing with dishonest or fraudulent behaviour is concerned with conduct that has a …

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