Fraud litigation can be complex and expertise in this field is vital to formulate appropriate strategy and minimise risk.
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. We will advise you whether pre-emptive relief is available and we are experts in dealing with Freezing Orders and other interim remedies.
Our team can assist you to investigate where you suspect that fraud may have been committed and we can advise on how this impacts on any prospective cause of action. Whether you are looking to bring or defend a claim, our 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
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.
To arrange a preliminary consultation or to find out how our civil fraud team can support you, please send us an email, complete our online enquiry form or call us on 020 3813 5006.
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.