Saul Lemer appeared for the successful Respondent in a judgment handed down by the Court of Appeal refusing permission to appeal against a decision of Leech J following a trial in March-May 2025.
Mr Deuss was owner and CEO of a bank, FCIB. He had been accused of dishonestly causing FCIB to capture the business of traders engaged in MTIC fraud and dishonestly causing a UK based marketing entity (TWPS) to assist in capturing that business. Leech J handed down a judgment comprehensively rejecting the £280m claim: [2025] EWHC 2480 (Ch).
Zacaroli and Butcher LJJ refused permission to appeal following an oral hearing. They held that the Claimants had no real prospect of success in appealing Leech J’s decision that Mr Deuss was not dishonest. The Court found the Judge had correctly applied the test in Ivey v Genting Casinos (UK) Ltd [2017] UKSC 67 and had not wrongly compartmentalised the dishonesty allegations. As dishonesty was a threshold issue for all the grounds of appeal, the appeal failed.
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