Fraud

 

Commercial fraud can take many forms covering a range of unlawful activity and is not, contrary to popular belief, a free standing legal cause of action. What you might initially think of as "fraud" could include claims under the insolvency legislation, breach of contract, breach of trust, negligence, misrepresentation or professional negligence (amongst others).

 

Where “fraud” is suspected you must act quickly to prevent assets being dissipated and to block steps that could be taken by the suspect in an attempt to make themself “judgment-proof”.  It is, therefore, often advisable to apply for a freezing injunction and/or a search order. Recovering assets or documents after the event can be extremely costly and difficult.

 

Our team in relation to fraud is led by Michael Batty.

 

Michael, together with members of our Dispute Resolution team, have extensive experience in this area and examples of recent advice include:

 

Successful pursuit of a former Finance Director of a financial institution for the recovery of sums misappropriated from their employer and the subsequent enforcement of the Judgment against the defendant’s assets. This also involved dealing with the complexities of overlapping criminal proceedings;

Acting for liquidators and other office holders in respect of claims against directors and officers of companies, as well as third parties.  Claims pursued have been based on misfeasance, breach of duty, fraudulent trading and breach of trust;

Defending claims against directors by liquidators involving transactions at an undervalue, transactions defrauding creditors, preference payments and wrongful trading;

Acting on behalf of a government funded organisation against an international bank for breach of mandate.  The bank had allowed unauthorised payments to be made out of the customer’s account, which had caused significant loss to the client; and

Acting on behalf of elderly clients or their estate in relation to claims arising out of breach of trust, undue influence and transactions constituting an “unconscionable bargain”.

 

To make a no obligation enquiry click here.

Principal contacts

 

Michael Batty

Michael Batty

 

Andrea Nicholls

Andrea Nicholls

 

Ben Fox

Ben Fox

 

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