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Civil service

06 November 2008
Issue: 7344 / Categories: Features , Commercial
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William Christopher explains why he recommends pursuing perpetrators of fraud in civil courts

An economy facing an impending recession has resulted not only in increased levels of fraud, but also in greater incidents of fraud being discovered. If a company is the victim of fraud there are two ways to deal with it.

The first, and most obvious option is to report the fraud to the police. However, this should not be the option chosen by a victim wishing to recover the money lost.

Instead, the victim should pursue the perpetrators of fraud through the civil courts. A solicitor acting for a victim has a focus on preserving and recovering assets. The prosecuting criminal authority’s primary interest is in securing a conviction. Any consideration of compensation is very much a secondary consideration, if considered at all. A powerful legal arsenal in the civil courts can be used to discover where the victim’s assets have gone and get them back.

Effective remedy
4Eng Limited v Harper and Another, [2007] EWCH 7568 (Ch), [2008] Times, 23 June, illustrates how these

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MOVERS & SHAKERS

Birketts—trainee cohort

Birketts—trainee cohort

Firm welcomes new cohort of 29 trainee solicitors for 2025

Keoghs—four appointments

Keoghs—four appointments

Four partner hires expand legal expertise in Scotland and Northern Ireland

Brabners—Ben Lamb

Brabners—Ben Lamb

Real estate team in Yorkshire welcomes new partner

NEWS
Robert Taylor of 360 Law Services warns in this week's NLJ that adoption of artificial intelligence (AI) risks entrenching disadvantage for SME law firms, unless tools are tailored to their needs
From oligarchs to cosmetic clinics, strategic lawsuits against public participation (SLAPPs) target journalists, activists and ordinary citizens with intimidating legal tactics. Writing in NLJ this week, Sadie Whittam of Lancaster University explores the weaponisation of litigation to silence critics
Delays and dysfunction continue to mount in the county court, as revealed in a scathing Justice Committee report and under discussion this week by NLJ columnist Professor Dominic Regan of City Law School. Bulk claims—especially from private parking firms—are overwhelming the system, with 8,000 cases filed weekly
Writing in NLJ this week, Thomas Rothwell and Kavish Shah of Falcon Chambers unpack the surprise inclusion of a ban on upwards-only rent reviews in the English Devolution and Community Empowerment Bill
Charles Pigott of Mills & Reeve charts the turbulent progress of the Employment Rights Bill through the House of Lords, in this week's NLJ
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