The term ‘fraud actions’ incorporates an ever increasing mixture of offences whereby an illegal financial gain is achieved by one person or body, at the expense of another.
Partly as the result of the development of the internet for the conduct of financial and commercial transactions, the sometimes cunning methodology of those inclined to seek financial gain by illegal schemes frequently requires employment of astute forensic skills to counter such activity in the pursuit of justice.
Seeking recompense for fraudulent loss through civil courts is becoming more and more attractive to the victims of fraud to the alternative of pursuing a private prosecution through a criminal court.
Timothy Thompson of Kangs Solicitors briefly outlines the nature of events that may give rise to a civil claim arising from financial loss, considerations necessary and the role that the Kangs Team can play in investigating and obtaining essential material required to pursue such a claim.
Potentially Fraudulent Activity | Kangs Civil Fraud Advisory Team
Fraudulent conduct arises from such activity as:
- Deceit/ Fraudulent Misrepresentation
- Abuse of position
- Unlawful means conspiracy
- Money laundering
- Unjust enrichment
- Dishonest assistance
- Knowing receipt
- Breach of trust | Breach of contract | Breach of fiduciary duty
- Restraint and Confiscation under the Proceeds of Crime Act 2002
- Fraudulent trading under the Companies Act 2006
Considerations | Kangs Civil Fraud Experts
Technicalities requiring consideration, as stressed by Case Law, include:
- ensuring that the correct mental state is present to commit fraud,
- correctly establishing the category of fraud into which the activity complained of falls,
- identifying the existence of all elements necessary to prove that particular fraud,
- considering the ethical and practical issues attached to alleging fraud as opposed to, for example, negligent misstatement.
How We Can Assist | Kangs Civil Fraud Action Preparatory Team
Our team of solicitors is well versed in conducting discrete investigations which may be necessary to collate the required evidential material.
Once we have taken detailed instructions and discussed the nature of your case we will be able to guide and advise upon the:
- preliminary investigations and preparatory work involved.
- interim relief that may be available, such as freezing injunctions and restraint orders to prevent the dissipation of assets prior to a court hearing to resolve the issues.
- likelihood of success of the proposed claim.
- nature of any expert investigator who would be required to investigate specific issues.
Who Should I Contact? | Kangs Financial Fraud Solicitors
Our team is headed by award winning solicitor Hamraj Kang and the team as a whole is recognised by both the leading directories, namely the Legal 500 and Chambers & Partners.
Please do not hesitate to contact our team through any of the following who will be pleased to assist you: