Fraud Defence (Dispute Resolution)

Fraud Defence and Business Disputes

When businesses and individuals are faced with allegations of civil fraud, and/or claims relating to conduct of their business, livelihoods and reputations (both short and long-term) are immediately at risk. The opposition will often have spent months or even years planning their first move, deploying some of the Court's most draconian remedies, such as Search Orders and Worldwide Freezing Orders. A defendant's immediate response is critical and unless properly advised could severely damage their case and inadvertently assist any parallel criminal or regulatory investigation.  Equally, claimants seeking redress need to ensure they have a sound, flexible strategy from the outset that factors in defendants' pressure points and maximises recovery prospects.

Our Fraud Defence & Business Disputes group has significant experience of acting for both defendants and claimants (individuals as well as corporates) in fast-moving, complex, multi-jurisdictional proceedings. We understand the steps that a claimant might take against a defendant and use these to anticipate and undermine the potential points of attack. The team has particular experience in working for clients facing the parallel attack of a civil claim and criminal regulatory investigation, both in Britain and abroad.

The group works closely with other teams within the firm, including White Collar Crime & Investigations; Tax; Reputation Protection; Employment; Insolvency; Matrimonial; and Regulatory.

Our team represents those requiring advice in relation to:

  • Allegations of civil fraud, including fraudulent misrepresentation and deceit, breach of confidence, conspiracy, bribery and secret profits
  • Civil Injunctions - including freezing orders, search orders and disclosure orders
  • Business disputes, including breach of warranty and indemnity claims; shareholder disputes (including unfair prejudice claims); breach of directors' duties; earn-out disputes; joint venture disputes; LLP disputes; breach of fiduciary duty
  • Investigations or claims initiated by administrators and liquidators, creditors, shareholders, BEIS or other regulators/prosecutors arising out of insolvent businesses
  • Disciplinary investigation/sanctions by the Financial Conduct Authority and Prudential Regulation Authority
  • Investigations by other professional regulators and Government bodies
  • Money-laundering compliance issues
  • Restraint and confiscation proceedings
  • Investigations by Her Majesty's Revenue and Customs
  • Requests for disclosure by prosecution authorities in the UK and abroad

In addition, members of the team frequently act as supervising solicitors in relation to search and seizure orders, and delivery up orders.

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