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Successful defence of civil fraud claim brought by liquidators of major company

18th Apr 2018

Instant Access Properties Ltd v Rosser &ors [2018] EWHC 756 (Ch)

Michael Ryan of 7KBW acted in the successful defence of a substantial civil fraud action.  The Inside Track Group was, prior to the financial crash, one of the largest property investment concerns globally.  In Instant Access Properties Ltd v Rosser & ors [2018] EWHC 756 (Ch) the liquidators of the now defunct group brought claims against the directors of the group and their advisors alleging a dishonest conspiracy to defraud both creditors and HM Revenue and Customs through the fraudulent evasion of tax using offshore vehicles.  Damages were sought in excess of £34 million.  Following a five-week trial last year, Mr Justice Morgan has now dismissed all those claims in their entirety.

The liquidators alleged the full range of fraud claims, including dishonest breaches of fiduciary and directors’ duties, dishonest assistance, unlawful means conspiracy, dishonest tax evasion and fraudulent trading under the Insolvency Act 1986.  All these causes of action were held to fail and the Judge found that there had been no dishonesty on the part of the accessory defendants represented by Michael.

The case reflects 7KBW’s expertise in commercial fraud.

Michael Ryan was led by Jamie Smith QC and was instructed by Michael Robin of DWF.

The full text of the judgment can be found here.

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