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 rapidly as possible. 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.
Civil Fraud Barrister London
Civil claims in fraud are also brought in cases where no criminal proceedings are ever contemplated. Unlike many causes of action, an adverse judgment in fraud can damage reputations and can survive bankruptcy. Therefore, those wrongly accused should seek expert advice and assistance immediately.
With over 15 years’ experience in defending clients in both criminal prosecutions and civil litigation, I have a strong reputation in defending in corporations and individuals facing fraud allegations. I understand the stress and worry my clients face; therefore, I am committed to putting in the hard work and tenacious effort required to protect their best interests and secure a successful outcome. I have strong contacts with experts such as forensic accountants and valuers who can provide robust evidence to support your defence. In addition, I have excellent business acumen and can advise you on tactics which can ensure an early settlement is reached, for example, Part 36 offers.
What is fraud?
‘Fraud’ spans several different offences or causes of action. 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, I can provide vigorous, persuasive legal advice and representation 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
How I can protect your interests in a civil fraud matter
Regardless of the facts of the case, I will always have a mind your commercial position. I know clients do not throw good money after bad and will constantly consider means of negotiation and early settlement.
One of the first considerations for Claimants is whether it is necessary to seek to obtain a fezing 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 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.
I will assist 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.
In cases in which there are parallel criminal investigations or proceedings, my 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.
My clients are assured I not only understand their position, but my experience allows me to place myself in the opposing party’s shoes and use all strategies and tactics available to ensure my client’s defence succeeds.
I am committed to putting in the hard work required to create a strong defence and will not relent until I achieve the result you need. In addition, I will take steps to ensure your personal and professional reputation is protected throughout the matter.