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Fraud
It is often said that fraud cuts across everything and it certainly assists when advising a client who has an old claim which likely to be time barred if one can establish fraud.
Fraud is a very wide term and covers not simply criminal activity but also civil and equitable fraud, the latter being based upon express or implied trust or some form of unconscionable conduct).
Apart from negating time bars, a fraud allegation can also be used to lift the corporate veil to get to directors and even shareholders. Further, the measure of damages can be greater, the Court’s approach to damages assessment and loss being far more generous.
Sometimes one needs to plead a form of fraud (such as fraudulent or grossly negligent misrepresentation) to overcome a contractual clause seeking to limit or exclude a part’s liability or to overcome an entire contract clause.
All that may appear very exciting but a warning is necessary; there are further hurdles to be overcome.
First, fraud has to be pleaded in great detail and be very focused indeed. That inevitably takes time and costs money. There are specific rules of pleading in the Civil Procedure Rules.
Secondly, the Bar Council rules and the Solicitors Code of Conduct make it critical for the lawyers to evaluate the evidence very carefully indeed because lawyers must not plead fraud in the absence of strong evidence. Often a lot depends on inference. To plead the case without such evidence can lead to the legal team being exposed to risk of disciplinary action.
Thirdly, it is often said that a plea of fraud will escalate the temperature of the litigation and it should be borne in mind that these days copies of Court pleading can be obtained by third parties unless the Court imposes some restriction on access.
Fourthly, the burden of proof is considered to be higher in the case of a plea of fraud.
At GSC we do not shirk away from advising a client to plead fraud if we consider there is evidence of such conduct and the proposed defendant had the requisite knowledge whether actual knowledge or by showing such a disregard for making appropriate enquiries as to be reckless.
‘A small firm which punches well above its weight’ GSC Solicitors LLP undertook leasing transactions for several blue-chip corporate tenants, particularly in the media sector. It acted for a number of hotel owners regarding the acquisition and development of new hotels.
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“As a Financial Advisor I have been personally using and recommending GSC for over thirty years. I have referred clients of mine to them and only ever been thanked for the recommendation, which should convey the confidence I have in the individuals, and the firm.”
“Great result today. Just wanted to say thank you for your continued hard work in fighting our corner on this case. You have both been amazing. Michael incredible support and good ideas.”
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Legal 500: 'What distinguishes GSC’s individuals is their commitment to client satisfaction. They understand my needs, communicate transparently, and work seamlessly as a team. Their professionalism, integrity, and personalised approach inspire trust and confidence’.
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GSC Solicitors LLP
31-32 Ely Place, London EC1N 6TD
DX: 462 London/Chancery LN (View on map)
