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03 May 2024 / Mary Young
Issue: 8069 / Categories: Features , Procedure & practice , Fraud
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Smoke & mirrors in the world of fraud litigation

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A cautionary tale from Mary Young, showing that anyone can be duped—including lawyers
  • A discussion of Verdi Law Group PC v BNP Paribas [2023], in which the claimant law firm fell for a scam.
  • Firms need to be more cautious than ever in all their dealings—when agreeing to act, taking instructions and verifying client account details.

It is not uncommon for solicitors’ firms to be parties to litigation (as opposed to representing parties to litigation), even if breach of contract and/or negligence claims are disregarded. In recent years we have seen Dechert brought into the proceedings involving its former client, giving rise to wide-ranging decisions about issues such as the iniquity exception to privilege.

There was a spate of claims involving solicitors’ firms between 2012 and 2014 relating to property hijack cases, where solicitors had inadvertently been involved in fraud relating to the sale and purchase of real estate, where the purported vendor was an imposter who had stolen the identity of the genuine owner

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MOVERS & SHAKERS

London Solicitors Litigation Association—John McElroy

London Solicitors Litigation Association—John McElroy

Fieldfisher partner appointed president as LSLA marks milestone year

Kingsley Napley—Kirsty Churm & Olivia Stiles

Kingsley Napley—Kirsty Churm & Olivia Stiles

Firm promotes two lawyers to partnership across employment and family

Foot Anstey—five promotions

Foot Anstey—five promotions

Firm promotes five lawyers to partnership across key growth areas

NEWS
Freezing orders in divorce proceedings can unexpectedly ensnare third parties and disrupt businesses. In NLJ this week, Lucy James of Trowers & Hamlins explains how these orders—dubbed a ‘nuclear weapon’—preserve assets but can extend far beyond spouses to companies and business partners 
A Court of Appeal ruling has clarified that ‘rent’ must be monetary—excluding tenants paid in labour from statutory protection. In this week's NLJ, James Naylor explains Garraway v Phillips, where a tenant worked two days a week instead of paying rent
Thousands more magistrates are to be recruited, under a major shake-up to speed up and expand the hiring process
Three men wrongly imprisoned for a combined 77 years have been released—yet received ‘not a penny’ in compensation, exposing deep flaws in the justice system. Writing in NLJ this week, Dr Jon Robins reports on Justin Plummer, Oliver Campbell and Peter Sullivan, whose convictions collapsed amid discredited forensics, ‘oppressive’ police interviews and unreliable ‘cell confessions’
A quiet month for employment cases still delivers key legal clarifications. In his latest Employment Law Brief for NLJ, Ian Smith reports that whistleblowing protection remains intact even where disclosures are partly self-serving, provided the worker reasonably believes they serve the ‘public interest’ 
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