Civil Fraud

Our members appear in a range of civil fraud matters, with a particular focus on frauds perpetrated by insiders, including directors, employees, partners and consultants.

We represent a wide range of claimants and defendants in civil fraud and related matters.  Fraud cases for claimants require strategic decision making as to the choice of causes of action and remedies and we are well versed in the whole armoury of personal & proprietary claims, and in securing interim injunctive relief.  We are as familiar with the requirements of proving deceit at common law as with equitable relief for breach of fiduciary duty, including secret profits and bribes.

For example, our members recently used the strictness of fiduciary obligations to secure early summary judgment for the claimant, and trust and tracing orders over property, in LS Systems Ltd v Scott, a misappropriations case against a former managing director.

We also advise and represent defendants to fraud and misfeasance allegations. For example, members acted for the defendant ex-banker involved in property lending who was sued for breach of fiduciary duty and the taking of secret commissions in Bank of Ireland v Rafiq [2013] EWHC 768.

Fraud litigation often now involves allegations of contempt of court. Members of chambers have significant experience of contempt proceedings including appearing in the in the recent leading case on civil contempt: Cavendish Square Holdings BV v Makdessi [2013] EWCA Civ 1539 & 1540 (currently on appeal to the Supreme Court).

Other examples of fraud cases in which our members have appeared include:

  • Swift v Cantley & Ors (2011): claims for conspiracy and breach of fiduciary duty against Swift’s executive directors who allegedly tried to wrest control of the business of Swift from Gresham by mounting a “hostile bid” with another private equity lender, HIG.
  • Daifuku v Nadarajan (2010):  employee fraud and freezing injunction issues.
  • BP Plc v Jones & Ors (2008) issues of conflicts of interest; breach of fiduciary duty; freezing injunction; contempt; and the taking of account of profits.
  • Foote, Cone & Belding Reklam Hizmetleri v Theron [2006] EWHC 1585 (Ch).  Issues included a worldwide freezing injunction; territorial jurisdiction; domicile and residence; forum; breaches of fiduciary duties and misapplication of company monies; tracing.
  • Rickards Media Services Ltd v Kevin Waller (settled at trial), in which we acted for the defendant, and claims were made for equitable compensation for breach of fiduciary duty and unjust enrichment arising out of alleged abuse of a company credit card.