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

Disclosure

Is the Full and Frank disclosure obligation becoming too onerous and too heavily policed?

Answered by: Andrew Ayres QC

Andrew is "an absolute natural - with an unrivalled eye for detail, commercial awareness and as good as it gets on his feet in court." He is co-author of 'Civil Fraud: Law, Practice & Procedure.'

Offshore trusts

How can fraudsters 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 is "charm personified with a sting in his tail.”

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 Thompson QC

Steven is "an excellent silk – refreshingly energetic and optimistic with real expertise in cross-border fraud work." He is Chair of the International Committee of The Bar Council.

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: Catherine Addy QC

Catherine is "a powerhouse for insolvency." "Her knowledge is brilliant and unparalleled." She is advising in Re Lehman Bros International over distributions to be made to creditors.

Parties unknown

How do you take action against parties unknown, with respect to spear phishing, cyber attacks and paying funds away to fraudsters' accounts?

Answered by: Philip Young of Cooke, Young & Keidan

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

Damage Awards

Damage awards for conspiracy to breach a freezing order and contempt of Court: new and important innovations or damp squibs?

Answered by: Stuart Adair

Stuart is "a strong, methodical advocate and able to handle very big fraud disputes – he is at a silk's level." He is one of the authors of Blackstone's Guide to the Companies Act 2006.

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: a mine of information and brave in his advice." His work involves cross-border transactions, offshore companies and trusts.

Strategy

How do you gain a strategic advantage when commencing, defending and resolving conspiracy and fraud actions (whether by Trial, Settlement, Mediation or Facilitated Intervention)?

Answered by: Anthony Trace QC

Anthony has acted in many of the highest-profile cases including Berezovsky, the Lehman Brothers administration and in the Beijing Olympic ticket fraud proceedings.

Knowing receipt claims

What are the implications of Byers v Samba Financial Group [2020] EWHC 853 (Ch)?

Answered by: Andrew Onslow QC of 3VB

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

Data Room Service

What are the practical and technical considerations when using a data room service to serve a court order?

Answered by: Philip Young of Cooke, Young & Keidan

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