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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

Pillsbury—Steven James

Pillsbury—Steven James

Firm boosts London IP capability with high-profile technology sector hire

Clarke Willmott—Michelle Seddon

Clarke Willmott—Michelle Seddon

Private client specialist joins as partner in Taunton office

DWF—Rory White-Andrews

DWF—Rory White-Andrews

Finance and restructuring offering strengthened by partner hire in London

NEWS
Mazur v Charles Russell Speechlys LLP [2025] EWHC 2341 (KB) continues to stir controversy across civil litigation, according to NLJ columnist Professor Dominic Regan of City Law School—AKA ‘The insider’
SRA v Goodwin is a rare disciplinary decision where a solicitor found to have acted dishonestly avoided being struck off, says Clare Hughes-Williams of DAC Beachcroft in this week's NLJ. The Solicitors Disciplinary Tribunal (SDT) imposed a 12-month suspension instead, citing medical evidence and the absence of harm to clients
In their latest Family Law Brief for NLJ, Ellie Hampson-Jones and Carla Ditz of Stewarts review three key family law rulings, including the latest instalment in the long-running saga of Potanin v Potanina
The Asian International Arbitration Centre’s sweeping reforms through its AIAC Suite of Rules 2026, unveiled at Asia ADR Week, are under examination in this week's NLJ by John (Ching Jack) Choi of Gresham Legal
In this week's issue of NLJ, Yasseen Gailani and Alexander Martin of Quinn Emanuel report on the High Court’s decision in Skatteforvaltningen (SKAT) v Solo Capital Partners LLP & Ors [2025], where Denmark’s tax authority failed to recover £1.4bn in disputed dividend tax refunds
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