Civil Fraud: Shaping New Law into Solution-Focused Answers for Your Clients

Chair's Introduction

Civil Fraud: Shaping new law into solution-focused answers for your clients

Chaired by: Andrew Ayres QC

Andrew is "an absolute star: thoughtful, assiduous and a case winner." "As well as being on top of the law, he is very commercial and does not hesitate to give a view." He is co-author of ‘Civil Fraud: Law, Practice & Procedure’.

Inferences

How willing is the Court to accept inferences when pleading fraud, because the victim may not know any - or many - of the facts?

How strong should the case be before starting out?

Answered by: Steven Gee QC

Steven is "a walking genius." "He plucks brilliant points out of thin air." "His breadth of knowledge, tactical thinking and careful arguments are outstanding." He is author of ‘Commercial Injunctions Sixth Edition’.

Insolvency

Weighing up all the tactical scenarios, when will insolvency law powers turn the scales in your clients' favour when obtaining disclosure and investigating fraud?

Answered by: Marcia Shekerdemian QC

Marcia is "a powerhouse," "absolutely first-rate and technically brilliant." She regularly acts in insolvency and cross-border fraud/asset recovery cases. She sits as a Deputy Insolvency and Companies Court Judge and is a contributing editor to Kerr & Hunter “Receivers and Administrators” (Sweet & Maxwell).

Disclosure

Against a backdrop of recent and live cases, to what extent has the full and frank disclosure requirement morphed into a duty of fair presentation?

What can you realistically ask for or hold back?

Answered by: Richard Morgan QC

Richard is "the guru on freezing orders," "the first point of call for any civil fraud claim," "combining legal knowledge with excellent strategic thinking." He is author of ‘International Asset Chasing and Tracing’.

Contempt, damages and privilege

How has Ablyazov litigation changed existing thinking on contempt, damages and privilege?

How can you expect the judges to react?

Answered by: Jeffrey Gruder QC

Jeffrey is "a first-rate mind," "a go-to silk for high-value or difficult cases." "He brings gravitas and strategic insight borne out of years of experience." “His knowledge of the law is quite extraordinary.”

Social media

How can you use social media to your advantage both as a claimant and a defendant, supported by specific examples of orders that have been made?

Answered by: Philip Young of Cooke, Young & Keidan

Philip is "a brilliant litigator who is prepared to run with novel and innovative ideas to great effect." He acted in the CMOC litigation obtaining the first worldwide freezing order against "persons unknown."

Offshore trusts

Mezhprom v. Pugachev: can fraudsters safely protect their assets in offshore trusts?

Which methods and techniques will flush them out?

Answered by: Andrew Onslow QC

Andrew acted for the SFO in prosecuting Barclays over the payment of £320 million in fees to Qatari investors in two capital raisings. He also acted in related civil proceedings. He is "charm personified with a sting in his tail."

Coterminous cases

Can you coat-tail freezing actions brought by the police or make use of prosecution evidence?

Considering the different burdens of proof, how do you progress the civil case if there are acquittals?

Answered by: Jonathan Fisher QC

Jonathan is "an absolute leader for financial crime: supremely knowledgeable and experienced; a mine of information and brave in his advice." His work involves cross-border transactions, offshore companies and trusts.