There has been a marked increase in cases involving civil and commercial fraud in recent years. Challenging economic conditions, the need for businesses to have a greater international outlook, the ever increasing reliance on technology and impending insolvency are all likely contributors.
The financial and reputational cost to businesses and individuals that have been defrauded, or are alleged to have committed a fraud, can be equally devastating.
Our team of commercial litigation lawyers is experienced at helping to bring, or defend, claims involving civil or commercial fraud.
We have expertise in claims that involve allegations of dishonesty and deceit, secret profits, conspiracy, misfeasance, misrepresentation, breaches of trust or fiduciary duty and misappropriation of assets. We advise on claims against third parties who have assisted or benefitted from fraud. We also consider the impact of insolvency on commercial fraud and assist insolvency practitioners to unravel transactions designed to defraud creditors.
Our team can help with all stages of advice and representation, from the initial advice on becoming aware of an issue, tracing, acting to obtain urgent freezing injunctions, search and disclosure orders, through to preparation for trial and enforcement.
Examples of our work in this area include:
- Restoring a dissolved company to the register to pursue a claim against one of its former directors for the misappropriation of the company’s funds
- Acting for a company and its sole director / shareholder to defend a substantial damages claim by one of its customers, for overpayment of invoices that were alleged to have been fraudulently inflated
- Acting for liquidators in pursuing claims against directors for misappropriation of company money and assets
- Applying for and securing a worldwide freezing injunction to prevent the dissipation of the assets of a wealthy individual
- Advising a number of individuals in connection with claims against an independent financial advisor, who had misappropriated the individuals’ pension funds
- Advising on the investigation of, and acting to recover, funds stolen from a trade association by the business employed to provide its secretariat services
- Acting for an individual pursuing a claim for breach of trust against a business partner, where the court awarded substantial damages and the transfer of assets to our client
- Representing a pensioner who had been defrauded out of several million pounds by two different IFA’s, where we secured a world wide freezing order and recovered the money they had stolen and placed off shore
- Acting for a company’s former directors to defend a claim issued by its liquidators for misfeasance and/or breach of fiduciary duty
- Opposing an application issued by our client’s trustee in bankruptcy seeking to set aside a Declaration of Trust registered against a property as a transaction at an undervalue.