fraud: in the context of commercial dispute resolution (as o... More Solicitors London
Civil fraud is a complex area of financial crime 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.
fraud: in the context of commercial dispute resolution (as o... More Solicitors London: fraud: in the context of commercial dispute resolution (as o... More 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: in company litigation, conducting the bu... More by a company director: person appointed as an officer of a company, whose... More. 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.
- 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.
The process of making a fraud: in the context of commercial dispute resolution (as o... More claim
If you are a claimant in a civil fraud claim, you will invariably be making allegations of fraud against the defendant. A freezing injunction: previously called a mareva injunction; ... More should be considered during fraud: in the context of commercial dispute resolution (as o... More investigations if there is a risk that the stolen assets may be spent, squandered or dissipated, which places the assets out of reach of the legitimate owner.
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.
In fraud: in the context of commercial dispute resolution (as o... More claims, a disclosure application may also be made to establish the current location of the assets, the identity of any potential defendants and the value and nature of the assets involved. Disclosure orders can be a vital tool for evidence gathering and can be crucial in limiting the defendants’ ability to fabricate their defence in the early stages of proceedings.
In certain fraud: in the context of commercial dispute resolution (as o... More cases, search orders may be used. Search orders require the respondent to allow the applicant’s solicitor to enter the premises owned by the individual accused of fraud: in the context of commercial dispute resolution (as o... More so that any material described by the order can be searched or removed. The purpose of a search order is to prevent a defendant: the respondent against whom court proceedings are... More from hiding or destroying evidence that may support the claimant from successfully defending their fraud: in the context of commercial dispute resolution (as o... More case.
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, fraud: in the context of commercial dispute resolution (as o... More solicitors London, assist?
Our fraud defence and criminal defence solicitors, have represented clients in a range 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.
At South Bank Legal, our legal team have extensive 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 is authorised and regulated by the solicitors regulation authority. We provide legal services to businesses and individuals located in England and Wales. We have a registered office located in Central London.
For more information on specialist fraud: in the context of commercial dispute resolution (as o... More solicitors, London, you can contact South Bank Legal via email at email@example.com or telephone 0203 1266 584 for a confidential discussion with a fraud solicitor today.
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