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?

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Published on LexisPSL on 04/06/2018

The following Dispute Resolution Q&A provides comprehensive and up to date legal information covering:

  • 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?
  • Recovery of money claim
  • Damages claim
  • Private prosecution

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 supplier who raised the false invoice.

Recovery of money claim

Unjust enrichment applies in situations where one party is enriched at the expense of another.

The elements required to bring a claim for unjust enrichment are that:

  1. the defendant has been enriched

  2. the enrichment was at the claimant’s expense, and

  3. the retention of the enrichment is unjust

For further guidance, see Practice Notes: Restitution for unjust enrichment—elements of the claim, Restitution for wrongful acts (which includes consideration of a claim in restitution in cases of fraud and deceit), and Defences to restitutionary claims.

Although we do not have a Precedent for the specific scenario in this Q&A, you may find the Precedent: Particulars of claim for return of monies had and received (restitution).

Damages claim

A party who has been induced into a contract by a misrepresentation may seek to bring a claim for damages and/or to rescind the contract

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