Civil fraud

Q&As

A is a customer of supplier B. Where A has mistakenly paid third party C, as a result of C having hacked into B’s records and issued an (false) invoice apparently in the name of B, but payable to C’s account, is B liable to A in damages for the money A paid to C?

A is a customer of supplier B. Where A has mistakenly paid third party C, as a result of C having hacked into B’s records and issued an (false)...

12th May

Practice notes

Civil fraud—heads of claim

Civil fraud—heads of claimThis Practice Note on civil fraud (commercial fraud) summarises the main heads of claim (causes of action in fraud) which...

11th May

Practice notes

Starting a civil fraud claim—a practical guide

Starting a civil fraud claim—a practical guideBrexit: The UK's departure from the EU has implications for practitioners in a number of areas covered...

Produced in partnership with Arish Bharucha and Elizabeth Meade of Cooke Young and Keidan LLP 11th May

Practice notes

Civil fraud—dishonesty and standard of proof

Civil fraud—dishonesty and standard of proofThis Practice Note considers the standard of proof in civil claims based on the defendant’s alleged fraud....

11th May

Practice notes

Civil fraud—key and illustrative decisions

The legal issues that arise in civil fraud cases can be many and varied and are usually also inherently complicated. While it is critical that each...

10th May

Practice notes

Illegality in civil claims

Scope of this Practice NoteThere is no civil cause of action per se of ‘illegality’. However, issues of illegality can arise in the context of a civil...

14th Apr

Practice notes

Civil fraud—pleading fraud and dishonesty

This Practice Note on civil fraud claims considers the specific pleading requirements and issues when drafting your particulars of claim alleging...

8th Apr

Practice notes

Civil fraud—frequently asked questions (FAQ)

Fraud—what is it?Fraud can best be described as the deliberate or intentional use of misrepresentation, deception or dishonesty to deprive, in order...

8th Apr

Q&As

Where a defendant has been provided with disclosure in criminal proceedings under the Criminal Procedure and Investigations Act 1996, how is it possible to use this evidence in civil claims?

Section 18 of the Criminal Procedure and Investigations Act 1996 (CPIA 1996) makes it an offence to knowingly use or disclose an object or information...

13th Feb

Q&As

A client (Party B) is owed money by a debtor (Party A). An invoice was sent by Party B, but their emails were hacked and the money owed to Party B was paid to the hacker (Party C). Who is at fault and can Party B recover the funds from Party A?

You may wish to consult the following Q&As which consider similar scenarios:•Where a supplier (B) has emailed an invoice to A for goods supplied by B...

13th Feb

Q&As

What is the limitation period in respect of a transaction entered into by a director in breach of their fiduciary duty and/or in contravention of the provisions of the take-over code (as in force in 1989, when the transaction in question took place)? Can the director who breached be considered a constructive trustee?

LimitationHow long a party has to bring a claim depends on the particular action they intend to take. This Q&A could give rise to a large range of...

11th Feb

Q&As

If an individual has obtained a County Court Judgment against a company, is it possible to pierce the corporate veil on the basis of fraud or are separate proceedings required against any wrongdoing directors?

Against whom can a judgment be enforced?Where a judgment has been obtained against a natural or legal person, such a judgment can only be enforced...

11th Feb

Q&As

Where a supplier (B) has emailed an invoice to A for goods supplied by B to A (and which were received by A) but the email was hacked by an unknown third party (C) and B’s bank details for payment were substituted with C’s, such that A pays C and not B, can B recover the invoice sum from A?

In answering this Q&A we have limited our research to cover the payment of invoices for goods received. We assume the Q&A is referring to payment to...

11th Feb

Q&As

Is a party in civil proceedings required to disclose documents made available to it in related criminal proceedings? Does it make any difference that the documents in question are equally available to all parties to the civil proceedings?

At the outset, it is important to distinguish between three separate, if related concepts: disclosure; inspection; and reliance on a...

Produced in partnership with David Sawtell of 39 Essex Chambers 8th Jan

Q&As

What is the limitation period for a breach of fiduciary duty claim? Does the period run from the date of breach or the date when the breach could reasonably have been discovered?

Regarding limitation periods generally, see Practice Notes: Limitation—the principal limitation periods and Limitation Act 1980—general application....

28th Nov

Q&As

Should a witness statement, which has been produced for a criminal trial, be disclosed in civil proceedings concerning the same issues?

From a criminal law perspective, can witness statements in criminal proceedings be used in other proceedings?Section 17 of the Criminal Procedure and...

28th Nov

Q&As

Do you have any Precedents to start a claim against an individual who fraudulently solicited payment into his own account rather than a supplier’s account?

For the purposes of this Q&A, we have assumed that there is no element of collusion or conspiracy between the actual supplier and the purported...

28th Nov

Q&As

Party A has purchased laptops from a supplier (party B). Party A has sold the laptops to party C. It is now discovered that the laptops were stolen from a manufacturer (party D) and so party B had no right to sell them to party A. Party D has now demanded that party A return the laptops to party D (but party A cannot as they sold them on to party C). In such scenario, assuming party A was a bona fide purchaser for value and assuming that party D can prove it retains title to the laptops (such that party D can demand their return), what course of action is open to party A?

In this Q&A, it has been assumed that there is no scenario involving principal and agency as between the supplier, party B, and the manufacturer,...

28th Nov

Q&As

When might an untrue warranty amount to fraud under the Fraud Act 2006, s 2?

For further guidance on a claim under Fraud Act 2006 (FrA 2006), see Practice Note: Fraud by false representation.Untrue warranty scenarioThis...

28th Nov

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