Civil fraud—heads of claim
Civil fraud—heads of claim

The following Dispute Resolution guidance note provides comprehensive and up to date legal information covering:

  • Civil fraud—heads of claim
  • Civil fraud—causes of action (heads of claim)
  • Constructive and resulting trusts
  • Sham transactions
  • Cryptocurrencies, Bitcoin and asset preservation orders
  • Bribery
  • Undue influence (unconscionable bargains)
  • Economic duress
  • Defence of illegality (illegality of the underlying transaction)
  • Fraudulent activity in the insolvency context
  • more

This Practice Note on civil fraud (commercial fraud) summarises the main heads of claim (causes of action in fraud) which you may consider pleading in a civil fraud claim, ie fraudulent misrepresentation, deceit, unjust enrichment, breach of fiduciary duty, breach of trust, conspiracy (lawful means conspiracy and unlawful means conspiracy), dishonest assistance, knowing receipt, inducing breach of contract and conversion and the applicable limitation periods for such ‘fraud’ claims. It also considers briefly, bribery, relief by way of constructive and resulting trusts, and claims to set aside or restitution based on economic duress and undue influence and use of the illegality defence in civil claims.

For guidance on the standard of proof and the test for dishonesty in civil fraud claims, see Practice Note: Civil fraud—dishonesty and standard of proof.

For guidance on starting a claim based on civil fraud, see: Considerations and next steps for victims of fraud—checklist, and Practice Notes:

  1. Starting a civil fraud claim—a practical guide

  2. Civil fraud—frequently asked questions (FAQ)

Civil fraud—causes of action (heads of claim)

As seen in Practice Note: Civil fraud—frequently asked questions (FAQ), there is no single civil cause of action for fraud; a victim of a fraud who wishes to pursue a civil claim against the perpetrator(s) will need to identify which cause(s) of action it may be possible to pursue by way

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