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Fraud Solicitors: Fraud Claim Specialists

Civil Fraud Claims

Fraud Solicitors: Fraud Claim Specialists

Civil fraud is a complex area of law, and disputes can arise between persons or companies in a wide range of situations. Fraud cases are particularly serious as they can have a severe financial impact and can be distressing for those affected.

Victims of fraud must act swiftly and decisively to trace and recover assets and prevent a fraudster from disposing of them.

It is important to have an experienced fraud solicitor on your side in order to reach a settlement that benefits you with minimal stress. Fraud solicitors can provide expert legal advice on how to proceed with your fraud case.

Those being accused of fraud, or businesses that are undergoing a fraud investigation from the Serious Fraud Office (SFO) will require assistance from a criminal defence solicitor with a specialism in fraud as these types of cases can be particularly complex.

At South Bank Legal, our fraud solicitors specialise in civil claims for fraud and fraudulent misrepresentation.

 

Types of fraud claims

 

Civil fraud claims can be made in a number of situations, such as:

  • Fraudulent statements. A party may have induced another into entering a contract by making a fraudulent misrepresentation, that is, a statement that is false and which the party making it knew to be false. An example may be, in the context of a residential property purchase, a seller stating in the Property Information Form that there are no disputes relating to the property when in fact, the seller is involved in boundary litigation with his neighbour. Importantly, damages awarded in fraudulent misrepresentation cases can be more extensive than in cases of innocent or negligent misrepresentation. The damages awarded can extend to damages that were not foreseeable.
  • Misappropriation of property. Embezzlement by an employee is a classic situation in which a fraud claim can be brought in the civil courts. The basis of the claim being that, in misappropriating the employer’s property, the employee has breached his or her fiduciary duties and contractual duties of fidelity and good faith.
  • Fraudulent trading by a company director. Liquidators can bring such claims against directors under the Insolvency Act 1986 where, prior to the appointment of a liquidator, a company has carried on its business with the intention of defrauding creditors.
  • Mortgage fraud – To commit mortgage fraud is by obtaining a mortgage loan in a fraudulent manner which is a criminal offence. An example of this is when an individual provides misleading information to a financial advisor when purchasing a house in order to borrow a higher amount.
  • Money laundering – Money laundering describes the act of concealing finances as a result of criminal activity. This typically includes a single individual laundering their own finances; however, in more complex cases, it can include companies exploiting off-shore accounts.
  • Boiler room fraud – This relates to the selling of shares that are extremely overpriced or even non-existent.

 

 

The process of making a fraud claim

 

If you are a claimant in a civil fraud claim, you will invariably be making allegations of fraud against the defendant. If you have a good arguable case and the defendant has assets that are at risk of dissipation, you may be able to obtain a freezing injunction to safeguard against a situation where the court awards you damages, but the defendant has no assets with which to pay.

It should be borne in mind that care must be taken in alleging fraud. There is an obligation to explain the fraud to the court in great detail. Courts can award costs sanctions against parties alleging fraud without a credible basis to do so.

 

How can South Bank Legal assist?

 

Our fraud claims solicitors handle a range of fraud disputes. In cases large or small, we consider that it is crucial to control the costs of litigation to ensure that perspective is not lost and that legal costs do not grow out of proportion to what is at stake.

Our client profile is diverse, and we have a good track record. As fraud solicitors, we have represented a range of clients from single individuals to large companies in complex fraud claims.

At South Bank Legal, our legal team have experience in all areas of corporate law and dispute resolution. We work closely with our clients and provide the legal services that they need to reach the best conclusion for their case. Our law firm has vast experience dealing with high profile business crime matters, including fraud, restraint orders and confiscation proceedings.

For more information, you can contact South Bank Legal via email at info@southbanklegal.com or telephone 0203 1266 584 for a confidential discussion with a fraud solicitor today.

Get in touch today

 

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