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06 November 2008
Issue: 7344 / Categories: Features , Commercial
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Civil service

William Christopher explains why he recommends pursuing perpetrators of fraud in civil courts

An economy facing an impending recession has resulted not only in increased levels of fraud, but also in greater incidents of fraud being discovered. If a company is the victim of fraud there are two ways to deal with it.

The first, and most obvious option is to report the fraud to the police. However, this should not be the option chosen by a victim wishing to recover the money lost.

Instead, the victim should pursue the perpetrators of fraud through the civil courts. A solicitor acting for a victim has a focus on preserving and recovering assets. The prosecuting criminal authority’s primary interest is in securing a conviction. Any consideration of compensation is very much a secondary consideration, if considered at all. A powerful legal arsenal in the civil courts can be used to discover where the victim’s assets have gone and get them back.

Effective remedy
4Eng Limited v Harper and Another, [2007] EWCH 7568 (Ch), [2008] Times, 23 June, illustrates how these remedies would have been more effective than reporting the

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MOVERS & SHAKERS

Gateley Legal—Jack Kelly

Gateley Legal—Jack Kelly

Gateley Legal expands Midlands residential development team

Gibson Dunn—Richard Surtees

Gibson Dunn—Richard Surtees

Gibson Dunn adds employee benefits and executive compensation practice in London with partner Richard Surtees

Laytons ETL—Alec Cameron

Laytons ETL—Alec Cameron

Laytons ETL appoints new partner and head of intellectual property disputes

NEWS
A series of recent decisions has clarified important principles across property law, from perpetuities to lease renewals and public rights over land
Employers cannot rely on wellbeing services alone to defend workplace stress claims after a High Court decision awarding almost £1m to an overworked employee
Andy Burnham's brand of 'Manchesterism' could offer fresh thinking on legal aid and access to justice if it reaches Westminster, according to Roger Smith, NLJ columnist and former director of JUSTICE
The constitutional fallout from a change of prime minister, rather than the politics, is under scrutiny as questions arise over the limits of executive authority in a leadership transition
The legal profession is undergoing a fundamental shift from selling services to creating technology-enabled products, according to Professor Luke Mason, Head of School of Law at Regent's University London
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