header-logo header-logo

Joining forces

11 December 2008 / Michael Peacock
Issue: 7349 / Categories: Opinion , Procedure & practice
printer mail-detail

A joined-up approach to fraud gets the best results, says Michael Peacock

William Christopher's recent article on civil fraud (NLJ, 7 November 2008, p 1558) set out, quite rightly, why the first port of call for a victim of fraud should be their solicitor and not the police.

However, in practice, it is not uncommon to be instructed by a client who has already asked the police to investigate the fraud. In such situations, the police are generally extremely wary of the solicitors's role, seeing them as a threat to their own investigations. They tend to actively discourage the immediate pursuit of civil proceedings, worried that they might prejudice the outcome of the criminal case. Their biggest concern is that there might be inconsistencies between the civil and criminal cases which could be exploited by the well-advised defendant.

However, a solicitor who is experienced in dealing with these cases will be able to ensure that the civil claim is pursued in a way that will not hinder any criminal proceedings. Accordingly, there is no reason why a claimant cannot pursue a civil claim at the

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

NLJ career profile: Liz McGrath KC

NLJ career profile: Liz McGrath KC

A good book, a glass of chilled Albarino, and being creative for pleasure help Liz McGrath balance the rigours of complex bundles and being Head of Chambers

Burges Salmon—Matthew Hancock-Jones

Burges Salmon—Matthew Hancock-Jones

Firm welcomes director in its financial services financial regulatory team

Gateley Legal—Sam Meiklejohn

Gateley Legal—Sam Meiklejohn Premium Content

Partner appointment in firm’s equity capital markets team

NEWS

Law school partners with charity to give free assistance to litigants in need

Magic circle firms, in-house legal departments and litigation firms alike are embracing more flexible ways to manage surges of workloads, the success of Flex Legal has shown

Magic circle firms, in-house legal departments and litigation firms alike are embracing more flexible ways to manage surges of workloads, the success of Flex Legal has shown

Magic circle firms, in-house legal departments and litigation firms alike are embracing more flexible ways to manage surges of workloads, the success of Flex Legal has shown

Walkers and runners will take in some of London’s finest views at the 16th annual charity event

back-to-top-scroll