CMOC Sales & Marketing Ltd v Person Unknown and 30 Others

Queen's Bench Division (Commercial Court), [2018] EWHC 2230 (Comm), HHJ Waksman QC (Sitting as a Judge of the High Court),10-11; 26 July 2018

Dishonest assistance - Fraud - Knowing receipt - Unjust enrichment - Unlawful means conspiracy - Freezing injunctions - Unknown persons.

The claimant discovered it had been a victim of a fraud whereby its bank had been instructed by unknown perpetrators to pay substantial sums out of its bank account to various bank accounts. The claim was initially commenced against persons unknown. By trial the claimant had identified some of the beneficial owners of the bank accounts that had received the transfers from the claimant's bank account ("the primary recipients") and some of those who had received onward transfers ("the onward recipients"). These had been joined as additional defendants. None of the defendants filed defences.