Civil Fraud Solicitors
Brett Wilson LLP specialises in defending and bringing high-value fraud claims. Our experience of fraud across the criminal, civil and regulatory arenas means we can provide you with comprehensive advice.
For those who believe they have been defrauded, be they private individuals, companies or regulatory bodies, the primary desire is usually the recovery of their money, or as much of it as possible, as fast as possible. So whilst the state will prosecute the most serious allegations of fraud in the criminal courts, such proceedings will often follow civil claims brought in the County Court or the Chancery Division of the High Court. Equally, civil claims in fraud are often brought in cases where no criminal proceedings are ever contemplated. Unlike many causes of action, an adverse judgment in fraud will damage reputation and can survive bankruptcy, and those wrongly accused should seek expert advice and assistance immediately.
‘Fraud’ covers a number of different offences/causes of action, and claims in fraud are often brought together with other claims which may be easier to prove. Whether you are looking to bring or defend a claim, our civil fraud solicitors can offer you expert assistance on matters involving:
- Abuse of position
- Unlawful means conspiracy
- Money laundering
- Unjust enrichment
- Dishonest assistance
- Knowing receipt
- Breach of trust
- Breach of contract
- Breach of fiduciary duty
- Restraint and Confiscation under the Proceeds of Crime Act 2002
- Fraudulent trading under the Companies Act 2006
- Market abuse under the Financial Services and Markets Act 2000
- Offences under the Bribery Act 2010
We are regularly instructed in cases involving:
- Defendants/Claimants across multiple jurisdictions
- Worldwide freezing injunctions
- Alleged ‘Boiler room’ fraud
- Unauthorised collective investment schemes
- Mortgage fraud
- Breach of trust in context of employment/partnership/Deputyship
Our Civil Fraud Expertise
Regardless of the facts of the case, we will always have a mind as to our client’s commercial position. We are mindful that our clients do not throw good money after bad and will constantly consider means of negotiation and settlement.
One of the first considerations for claimants is whether it is necessary to seek to obtain a freezing injunction in order to prevent dissipation of assets. Those bringing a claim in fraud, as with any civil proceedings, will want to know that there are assets against which any potential judgment can be satisfied. Equally, those defending such claims will want to ensure that, insofar as is possible, their lifestyle remains unaffected whilst the proceedings are ongoing. They may wish to seek to have the freezing injunction revoked or its terms varied. Those made subject to a freezing injunction will also normally have obligations placed upon them, for example to disclose assets. Occasionally, a court will also make a civil search order (an ‘Anton Piller’ order), allowing the entering of premises for the purpose of securing evidence.
We are experts in:
- The obtaining, removal and variation of freezing injunctions.
- The requirements for civil search orders.
- Protecting your position in the crucial formative stages of the litigation.
What our Civil Fraud Solicitors will do for you
In cases where there are parallel criminal investigations or proceedings, our knowledge of the criminal law means we are perfectly placed to consider:
- The potential prejudice to one (or both) sets of proceedings and the safeguards available to both courts.
- Representations/applications for stay/adjournment of civil proceedings pending the outcome of criminal proceedings.
- The chilling effect on the right to silence, privilege against self-incrimination and burden on the Crown caused by parallel proceedings.
- The interplay between civil freezing injunctions and criminal restraint orders.
- The consequences of restraint orders and confiscation orders for civil claimants.
In cases that do proceed to trial we will:
- Prepare your case meticulously.
- Instruct leading Counsel.
- Instruct experts in forensic accountancy, asset-tracing and private investigations.
Contact our Civil Fraud team
We offer fixed-fee preliminary consultations. A consultation will help you understand the legal and practical issues relating to your case and allow you to make an informed decision about what action to take.
Please note that we do not undertake civil fraud work on a conditional fee agreement/'no win/no fee' or a legal aid basis. Information on legal aid can be found at the Government’s benefits and credits website by clicking here.