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Insights into shifting commercial fraud trends

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Charlie Mercer & Astrid Gillam deliver the data on civil fraud claims in the English courts
  • New data shows that civil fraud claims have increased since 2014.
  • The general King’s Bench Division is now the most popular court, indicating an increased proportion of lower-value claims.
  • The English courts remain attractive to and respected by foreign users, but there are challenges.

In 2023, Stewarts and data analytics platform Solomonic produced a report looking at data relating to civil fraud claims in the English courts. It was the first of its kind. For the first time, it provided hard data to interrogate perceptions of fraud litigation in England and Wales.

This summer, we have revisited and updated that data. This article discusses our findings and other important current developments for the future of fraud litigation in the UK.

Volume of claims

In 2023, the key point we wanted to test was whether civil fraud litigation had increased in England and Wales. This was our sense, but only now did we have

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NEWS
Talk of a reserved ‘Welsh seat’ on the Supreme Court is misplaced. In NLJ this week, Professor Graham Zellick KC explains that the Constitutional Reform Act treats ‘England and Wales’ as one jurisdiction, with no statutory Welsh slot
The government’s plan to curb jury trials has sparked ‘jury furore’. Writing in NLJ this week, David Locke, partner at Hill Dickinson, says the rationale is ‘grossly inadequate’
A year after the $1.5bn Bybit heist, crypto fraud is booming—but so is recovery. Writing in NLJ this week, Neil Holloway, founder and CEO of M2 Recovery, warns that scams hit at least $14bn in 2025, fuelled by ‘pig butchering’ cons and AI deepfakes
After Woodcock confirmed no general duty to warn, debate turns to the criminal law. Writing in NLJ this week, Charles Davey of The Barrister Group urges revival of misprision or a modern equivalent
Family courts are tightening control of expert evidence. Writing in NLJ this week, Dr Chris Pamplin says there is ‘no automatic right’ to call experts; attendance must be ‘necessary in the interests of justice’ under FPR Pt 25
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