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Insights into shifting commercial fraud trends

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Charlie Mercer & Astrid Gillam deliver the data on civil fraud claims in the English courts
  • New data shows that civil fraud claims have increased since 2014.
  • The general King’s Bench Division is now the most popular court, indicating an increased proportion of lower-value claims.
  • The English courts remain attractive to and respected by foreign users, but there are challenges.

In 2023, Stewarts and data analytics platform Solomonic produced a report looking at data relating to civil fraud claims in the English courts. It was the first of its kind. For the first time, it provided hard data to interrogate perceptions of fraud litigation in England and Wales.

This summer, we have revisited and updated that data. This article discusses our findings and other important current developments for the future of fraud litigation in the UK.

Volume of claims

In 2023, the key point we wanted to test was whether civil fraud litigation had increased in England and Wales.

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NEWS
The Law Society RFC Festival of Sport returns next month, bringing together legal and financial services professionals for one of the sector’s largest annual sporting events
Legal aid deserts leave almost one in four without adequate access to justice
The Solicitors Regulation Authority (SRA) has warned solicitors and law firms that using artificial intelligence does not alter their professional obligations, amid concerns over inaccurate legal material and client confidentiality
From forgotten interest claims to case-management appeals, a string of procedural developments offers useful—and occasionally cautionary—lessons for practitioners

Jonathan Fisher KC highlights that it now accounts for around 40% of criminal offences, with roughly 70% involving technology, and argues that the UK cannot simply prosecute its way out of the problem. Detection, investigation and prosecution all require improvement, while different fraud types demand tailored responses.

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