Civil Fraud

Fraud is an increasing concern for businesses and HNWIs.  The UK law enforcement authorities have a poor reputation for prosecuting sophisticated fraud; investigations frequently take years to complete and significant compensation orders are relatively rare.  As a result, civil fraud claims are on the increase.

Civil proceedings can be initiated very quickly, with steps taken to try to secure available assets both pre and post-judgment.  Negotiations can take place simultaneously, with a focus on maximum recovery and commercial pragmatism, rather than the punishment of the wrongdoing.  ‘Civil fraud’ is not, itself, a cause of action, but an umbrella term, or short-hand, that may refer to several different types of claims, including:-

• Deceit or misrepresentation – where a false statement is made with the intention that the other party will rely on it, or to induce them to enter into a contract, and they suffer loss as a result
• Unjust enrichment – where a party gains a benefit (normally of windfall nature) at the expense of another, for no fair reason/consideration
• Knowing receipt – where a party receives money or other assets knowing that they were previously misappropriated
• Breach of trust or breach of fiduciary duty – where a party fails to act in accordance with their legal duties or obligations (for example, of loyalty and good faith) towards another
• Dishonest assistance – where a party is liable for assisting another party to breach their obligations of trust or fiduciary duty
• An ‘unlawful means conspiracy’ occurs where multiple parties agree to collectively pursue an unlawful course (including, though not limited to, those set out above), with the intention of causing loss to another.

Our expertise

We are regularly instructed by victims of fraud and people facing civil fraud claims or allegations.  We have experience of cases involving:-

• Defendants/claimants in multiple jurisdictions
• Worldwide freezing injunctions
• Cryptocurrencies/digital assets/blockchain.
• ‘Boiler rooms’/unauthorised collective investment schemes and other investment fraud/supplier/procurement fraud
• Invoicing/double-invoicing fraud/mortgage fraud/advance fee fraud allegations
• Breach of trust or confidence in the context of employment or deputyship.

How we can help

Litigation can be stressful, time consuming and costly.  At the outset of your case, we will advise on the merits of a claim, conduct a cost benefit analysis with you, and explain the relevant procedure.

We offer honest and pragmatic advice to our clients.  We will always consider alternative options, including mediation and arbitration. In most disputes, early strategic analysis holds the key to success.  Whether you are a claimant or a defendant, you can rely on our expertise, not only in litigation but also in negotiation.  Where settlement is not viable, we will robustly advance or defend your position at trial.

Our work and client care is of the highest standard.  All cases have partner involvement. We have long-standing working relationships with the best KCs and junior barristers, whom we can call upon if the need arises.

The majority of our work is conducted in the Business and Property Courts, (typically the Royal Courts of Justice/Rolls Building/Central London County Court), but we also assist with high value claims being tried at county courts venue across England and Wales.