Annual Bar Conference 2016: The thrills and spills of alleging fraud

The Commercial Fraud Lawyers Association’s ‘Thrills and Spills of Alleging Fraud’ presented by Duncan Matthews QC and Jane Colston, was equally misnamed, being an intelligent and thoughtful workshop session, which considered a hypothetical example of possible international and corporate fraud, but not one which ever threatened to be remotely ‘thrilly’ or ‘spilly’. That thrills and spills can occur, however, was demonstrated by reference to Medcalf v Weatherill [2002] UKHL 27 – a wasted costs order over pleading an allegation of fraud which reached the Supreme Court – and the recent conflict between the decisions of the Privy Council in Crawford Adjusters v Sagicor General Insurance [2013] UKPC 17 and a nine-justice Supreme Court in Willers v Joyce [2016] UKSC 43 as to liability in malicious prosecution when allegations of fraud are made.

Controbutor Rawdon Crozier

 

Category: 
Author details: 
Rawdon Crozier

Rawdon Crozier is a barrister at KBG Chambers, Plymouth, specialising in property law. He is a member of the Counsel editorial board, writes for several legal journals and also writes poetry.