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NLJ this week: Fraud claims climb as courts brace for AI threats

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Charlie Mercer and Astrid Gillam of Stewarts crunch the numbers on civil fraud claims in the English courts, in this week's NLJ. New data shows civil fraud claims rising steadily since 2014, with the King’s Bench Division overtaking the Commercial Court as the forum of choice for lower-value disputes

Banking and finance remain the most fraud-hit sector, with the Supreme Court’s Bilta ruling widening the scope for third-party liability in fraudulent trading.

International parties still flock to London, attracted by its robust process and remedies, though rival jurisdictions like Singapore and Dubai loom large.

Looking ahead, the new ‘failure to prevent fraud’ offence under the Economic Crime Act 2023 will force big companies to tighten controls—or face liability. Meanwhile, AI and deepfake scams are already inflicting multimillion-pound losses, as shown by a £20m Hong Kong fraud at Arup. Mercer and Gillam warn that insolvency spikes could fuel yet more fraud litigation in the years ahead.

MOVERS & SHAKERS

Clarke Willmott—Matthew Roach

Clarke Willmott—Matthew Roach

Partner joins commercial property team in Taunton office

Farrer & Co—Richard Lane

Farrer & Co—Richard Lane

Londstanding London firm appoints new senior partner

Bird & Bird—Sue McLean

Bird & Bird—Sue McLean

Commercial team in London welcomes technology specialist as partner

NEWS
What safeguards apply when trust corporations are appointed as deputy by the Court of Protection? 
Disputing parties are expected to take part in alternative dispute resolution (ADR), where this is suitable for their case. At what point, however, does refusing to participate cross the threshold of ‘unreasonable’ and attract adverse costs consequences?
When it comes to free legal advice, demand massively outweighs supply. 'Millions of people are excluded from access to justice as they don’t have anywhere to turn for free advice—or don’t know that they can ask for help,' Bhavini Bhatt, development director at the Access to Justice Foundation, writes in this week's NLJ
When an ex-couple is deciding who gets what in the divorce or civil partnership dissolution, when is it appropriate for a third party to intervene? David Burrows, NLJ columnist and solicitor advocate, considers this thorny issue in this week’s NLJ
NLJ's latest Charities Appeals Supplement has been published in this week’s issue
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