Fraud

 

We can advise and assist in relation to domestic and international claims involving complex fraud and “misfeasance” – which, by the Insolvency Act 1986, includes any “breach of any fiduciary duty or other duty in relation to [a] company”. Therefore, what you might first think of as "fraud" could include claims for negligence, misrepresentation or professional negligence (amongst others).

 

Our team in relation to fraud is led by Andrew Kinnison.  Andrew, previously a partner with a City firm, is a member of the Insolvency Lawyers Association and a full member of R3, the leading professional association for insolvency advisers in the UK. 

 

Andrew has extensive experience in this area and examples of recent advice include the following:

 

Acting for liquidators and other office holders in respect of claims against directors and officers of companies, and against third parties.  Claims pursued have been based on misfeasance, breach of duty, fraudulent trading and breach of trust. Relevant cases include ADS -V- Wheelock Marden;

Acting on behalf of a bank in the Far East which had innocently become involved in facilitating a fraud committed by its customer upon a counter party.  Andrew dealt with an application to Court that had been made by that counter party for disclosure of documents from the bank, in support of its claims against the customer, notwithstanding the bank’s duties of confidentiality to its customer;

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

Acting on behalf of elderly clients in pursuing claims for professional negligence against their (former) solicitors, where those solicitors had failed to provide the clients with proper advice that would have protected the clients’ financial interests, before entering in to transactions with counter parties that were not at arm’s length.  Also advising as to related claims against those counter-parties for fraud, undue influence and on the grounds that the transactions constituted an “unconscionable bargain”; and liaising with the police in relation to potential proceedings under the Fraud Act 2006.

Principal contacts

 

Andrew Kinnison