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Smoke & mirrors in the world of fraud litigation

03 May 2024 / Mary Young
Issue: 8069 / Categories: Features , Procedure & practice , Fraud
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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

Bloomsbury Square Employment Law—Donna Clancy

Bloomsbury Square Employment Law—Donna Clancy

Employment law team strengthened with partner appointment

mfg Solicitors—Matt Smith

mfg Solicitors—Matt Smith

Corporate solicitor joins as partner in Birmingham

Freeths—Joe Lythgoe

Freeths—Joe Lythgoe

Corporate director with expertise in creative industries joins mergers and acquisitions team

NEWS
The High Court’s decision in Mazur v Charles Russell Speechlys has thrown the careers of experienced CILEX litigators into jeopardy, warns Fred Philpott of Gough Square Chambers in NLJ this week
Sir Brian Leveson’s claim that there is ‘no right to jury trial’ erects a constitutional straw man, argues Professor Graham Zellick KC in NLJ this week. He argues that Leveson dismantles a position almost no-one truly holds, and thereby obscures the deeper issue: the jury’s place within the UK’s constitutional tradition
Why have private prosecutions surged despite limited data? Niall Hearty of Rahman Ravelli explores their rise in this week's NLJ 
The public law team at Herbert Smith Freehills Kramer surveys significant recent human rights and judicial review rulings in this week's NLJ
In this week's NLJ, Mary Young of Kingsley Napley examines how debarring orders, while attractive to claimants seeking swift resolution, can complicate trials—most notably in fraud cases requiring ‘particularly cogent’ proof
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