Civil Fraud

Overview

Civil fraud is a complex area of the law that can be perplexing to those who find themselves involved in it. That is why it is important that such matters are handled by solicitors who are well versed in all aspects of commercial civil fraud and proven experts in assembling a case and responding to all the challenges that can be posed by it.

If a civil fraud case goes to court, it will do so after a huge amount of preparatory work has been carried out. Such work may involve investigating aspects of a case that involve a number of countries and jurisdictions.

Rashid Imran Attorney’s specialist civil fraud lawyers have the legal expertise and the network of international contacts to ensure that they can manage such cases in the most effective and proactive way possible. We are experts in both obtaining and challenging orders and have the proven ability to give a client a rapid, informed response; no matter how complicated the scenario, how sophisticated the alleged fraud or how high the value of the assets at stake.

Any civil fraud case involves taking the most appropriate steps at the right time. Our thorough, innovative approach ensures the right strategy and tactics are employed so that the decisions that are acted on are the right ones.

Civil Proceedings or Criminal Proceedings

If somebody believes they have had fraud perpetrated against them they can report the matter to the police and have it treated as a criminal matter or they can use civil law to seek to recover their losses.

There is no obligation to report fraud to the police. And if you do, it may not be the most appropriate course of action.

The standard of proof in civil law cases is the balance of probabilities. This is a lower threshold than in criminal proceedings, where an accusation must be proved beyond reasonable doubt.

Tort of Deceit

Tort of deceit can be described as fraudulent misrepresentation. It is the closest that the civil law has to the criminal law concept of fraud.

For a tort of deceit claim to succeed, you must be able to establish that the defendant made a false representation, knew it was false, intended that it would induce the claimant to act and that the claimant suffered a loss.

Bringing a Civil Fraud Claim

In order to pursue fraud-related claims, it is important to obtain strategic advice. Such advice can enable the tracing and, where possible, freezing of stolen assets.

There are a number of tools available to recover any potential losses. These are known as interim reliefs. While interim reliefs can be of great use in helping to locate and regain assets that have been taken fraudulently, it is important that they are employed swiftly. Otherwise, there is the risk that the assets could be dissipated if action is not taken quickly enough.

Defending Civil Fraud Claims

When an order is made against you, it is important that you take legal advice immediately. The order will set out a number of directions that you will have to comply with. If you do not, you will be in breach of the order; which could lead to contempt proceedings.

Such potential obligations can seem excessive and unnecessary. This is precisely why you need to appoint a legal team with the appropriate expertise to represent you. It can take the most strategic, experienced legal representatives to persuade a court to drop such conditions.

Just as anyone is entitled to bring a civil fraud claim, an individual who is named as the alleged perpetrator of a fraud has every right to contest the allegations and the civil law means by which the claim is pursued. One important way in which this can be done is to challenge the order that the person who is bringing the claim has obtained or is seeking to obtain.

Need help or advice in relation to Civil Fraud?

If you would like to speak to our specialist Civil Fraud team, we can be contacted on: +44 (0)203 947 1539.