Our barristers act across the full range of civil fraud claims, including those based on accessory liability, conspiracy, deceit, forgery, fraudulent breaches of trust and dishonest breaches of fiduciary duty. Members’ work often involves applying for and resisting applications for related (and often time-critical) protective remedies, such as freezing orders, search orders and receivership orders (whether pre- or post-judgment).
Selborne Chambers’ work in this area covers:
Freezing, Search and Disclosure Orders
Freezing, Search and Disclosure Orders
Where a fraud has been perpetrated, it may be necessary to apply for a freezing order or a search order (often on an urgent or without notice basis). Not unusually, the claimant may seek an order for pre-action disclosure, such as a Norwich Pharmacal order, so as to identify the fraudsters and to permit the claims against them to be investigated. It may be necessary to seek other bespoke or pre-emptive relief, such as travel restraint orders or cross-examination orders. Our members have considerable experience in both seeking and resisting interim orders in civil fraud litigation.
Receivership Orders
Receivership Orders
There may be circumstances in which it is necessary to apply for the appointment of a receiver or a receiver and manager over a defendant’s assets. This is particularly the case where a defendant’s disclosure of assets has been inadequate or the whereabouts of assets is unexplained. Our members are familiar with applying for and resisting orders for the appointment of receivers and managers.
Committal Proceedings
Committal Proceedings
In the context of civil litigation, committal proceedings may be brought under CPR 81 or, in family law proceedings, under FPR 37, for contempt of court, such as the breach of the terms of an injunction. Our members are often instructed to act for parties making, or parties resisting, a committal application, both at the permission stage (where permission is required) and at the substantive hearing of the committal application.
Jurisdictional Issues
Jurisdictional Issues
Fraud litigation frequently involves a cross-border element: assets, or entities holding assets, may be located in different jurisdictions, whilst defendants may be domiciled abroad. Our members commonly deal with issues of private international law that may arise throughout fraud proceedings, including applications for permission to serve proceedings out of the jurisdiction, challenges to the jurisdiction of the court, and issues as to the governing law of a claim and the enforcement of judgments.
Enforcement and Insolvency Proceedings
Enforcement and Insolvency Proceedings
With any judgment or award comes the need for enforcement, whether against the debtor or third parties who assist the debtor in avoiding the debtor’s payment obligations. Our members can advise and act in connection with the tracing and recovery of (or enforcement against) assets located both in England & Wales and overseas.
Ancillary Relief
Ancillary Relief
At the intersection between family and chancery / company law, financial remedy cases may involve questions relating to sham trusts or other agreements, ‘piercing the corporate veil,’ concealment of assets and non-compliance with Court orders. Members of Chambers are often instructed to act for clients, whether spouses or interested third parties, in connection with such matters.
Trials on Liability and Quantum
Trials on Liability and Quantum
Members of Chambers are experienced in all manner of civil claims involving dishonesty, including those based on deceit, breach of trust or fiduciary duty, cyberfraud (such as theft of cryptoassets), bribery, conspiracy and accessory liability. Our members also have familiarity with other practical methods of asset recovery, including following and tracing, as well as claims against third parties who have participated in, or received the proceeds of, fraud.
Proprietary Remedies
Proprietary Remedies
A proprietary remedy is one which attaches to specific property, in contrast to a personal remedy (such as damages or a debt). The availability or non-availability of a proprietary remedy may be of significant importance in the context of a fraud claim, particularly when it comes to the question of enforcement of a judgment or award. Members of Chambers are experienced in all types of proprietary claims, including claims for proprietary injunctions, trust-based claims and tracing assets.
Instructing Barristers in Chambers
Contact us to discuss your case
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020 7420 9500
+44 (0)20 7420 9500
Send an email clerks@selbornechambers.co.uk
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Complete a formPaul Bunting on 07971 843023 or Darren Madle on 07769 714399.
