Civil Fraud Barristers

Civil fraud, asset tracing and urgent relief.

Counsel for claims founded on dishonesty, including deceit, conspiracy, dishonest assistance, knowing receipt, freezing orders and proprietary tracing claims. Fixed fees agreed in writing.

Civil fraud barrister reviewing bank statements and financial disclosure documents while preparing a freezing injunction application. — Civil fraud counsel for freezing orders, asset tracing and recovery claims in England and Wales.

What a civil fraud barrister does.

Civil fraud litigation moves faster than ordinary commercial litigation because assets move. The first days after a fraud is discovered usually decide how much is recovered, and the work in that period is about identifying where money has gone, securing it before it disappears, and preserving the evidence needed to prove dishonesty later. A civil fraud barrister is instructed to make those judgements quickly and to put the right application before the court.

Clerk&Counsel introduces independent barristers who take civil fraud instructions for claimants pursuing recovery and for individuals and companies defending allegations of dishonesty. Allegations of fraud carry professional and reputational consequences that go well beyond the money in issue, and defendants need counsel who will test the pleaded case rigorously rather than negotiate from the first letter.

Fraud must be properly pleaded. A barrister cannot allege dishonesty without evidence that reasonably supports it, and a poorly particularised fraud claim is vulnerable to strike out with heavy costs consequences. That discipline is part of the value of instructing counsel at the outset rather than after the pleadings are settled. Where the loss arises from a false statement that induced a contract rather than outright dishonesty, a misrepresentation claim may be the better route, and counsel will say so.

Civil fraud claims counsel takes on.

The label civil fraud covers a group of distinct causes of action, and most cases plead several in the alternative. Choosing the right combination affects limitation, the remedies available and the evidence that has to be gathered.

Deceit and fraudulent misrepresentation in transactions, investments and business sales.
Unlawful and lawful means conspiracy between two or more participants.
Dishonest assistance in a breach of trust or fiduciary duty.
Knowing receipt of misapplied trust or company money.
Bribery, secret commissions and undisclosed agency profits.
Misappropriation by directors and employees, and claims against those who received the funds.
Authorised push payment fraud and invoice redirection fraud, including claims against banks and payment providers.
Investment fraud, Ponzi style schemes and losses following the failure of a corporate vehicle.
Defending allegations of fraud and applications to strike out inadequately pleaded claims.

Where the wrongdoing sits inside a company, the claim frequently overlaps with director disputes and insolvency proceedings. Counsel will look at both routes, because a liquidator's misfeasance or transaction avoidance claim can sometimes achieve recovery more cheaply than a private action.

Freezing orders, search orders and urgent disclosure.

A freezing injunction restrains a defendant from dealing with assets up to a specified value. To obtain one you must show a good arguable case on the merits and a real risk that assets will be dissipated, and you must give a cross undertaking in damages backed by evidence of the means to honour it. Worldwide freezing orders are available where assets have already left the jurisdiction.

These applications are usually made without notice, which imposes a duty of full and frank disclosure. Every material fact, including those that undermine your own case, must be put before the court. Failure to do so is the most common reason freezing orders are discharged, with costs following, so the affidavit in support is drafted with as much care as the order itself.

Ancillary disclosure orders requiring the defendant to identify their assets, together with Norwich Pharmacal and Bankers Trust relief against banks and payment processors, are frequently the tools that turn a suspicion into a traceable route to recovery. In the most serious cases a search order or an order for the delivery up of devices and documents may be justified.

Where funds have crossed a border, recognition and enforcement questions arise immediately. Our cross border disputes page explains how jurisdiction, service out and enforcement abroad are handled alongside the domestic claim.

Following the money and the remedies available.

Where funds can be followed or traced into a substitute asset, a proprietary claim gives priority over other creditors. That is decisive if the fraudster is insolvent, and it is the reason tracing analysis is undertaken early rather than left to trial preparation. Property, vehicles, shares and cryptoassets have all been the subject of successful tracing claims.

Personal remedies run alongside. An account of profits, equitable compensation and damages in deceit each measure recovery differently, and in a deceit claim the defendant is liable for all loss directly flowing from the fraud whether or not it was foreseeable. Where the claim rests on breach of trust or fiduciary duty, our equitable claims barrister page sets out the equitable remedies in more detail.

Recipients who are not the primary wrongdoer are often the solvent targets. Knowing receipt and dishonest assistance claims against professionals, family members and corporate vehicles frequently produce the recovery that the principal defendant cannot. Where an accountant, solicitor, valuer or financial adviser enabled the loss, a parallel professional negligence claim against an insured defendant is often the most realistic source of payment.

Defending allegations of civil fraud.

Being accused of dishonesty in civil proceedings is not the same as being sued for breach of contract. A finding of fraud can end a professional career, trigger regulatory action and follow an individual for years. Counsel defending a fraud claim starts by testing whether dishonesty has been properly particularised at all, because the pleading rules are strict and inference is not enough on its own.

Applications to strike out or for reverse summary judgment are worth considering early, as is a challenge to any freezing order obtained without notice where material facts were not disclosed. Discharging an injunction on non disclosure grounds frequently reshapes the whole case, and the costs order that follows can be substantial.

Where there is also a criminal investigation, the interaction between the two sets of proceedings needs handling carefully so that evidence given in the civil claim does not create difficulties elsewhere. Our serious fraud barristers page covers the criminal side, and counsel on both sides of the panel can work together where a client faces parallel exposure.

Fees, timescales and how to instruct.

Urgent injunction work is quoted separately given the intensity and timescale. We will confirm availability quickly and give a figure for the application, the supporting affidavit and the return date hearing. Substantive work is quoted stage by stage, covering advice on merits, particulars of claim, disclosure applications, interim hearings and trial, with trials priced as a brief fee plus refreshers.

Fraud litigation is expensive and the costs risk is real for both sides. Counsel will give a candid assessment of prospects and recoverability before a claim is issued, including whether the defendant is worth pursuing at all. An early written advice on merits and enforcement is usually the cheapest money spent in the whole case.

Clerk&Counsel is a clerking agency rather than a chambers, so we can shortlist counsel by the exact experience the case needs, from junior counsel for a short hearing to senior counsel for a multi party trial. Solicitors instruct us in the usual way, and many advisory and advocacy instructions are suitable for direct access. Send the chronology and key documents and we will come back with counsel options and a fee.

Brief us

Tell us what happened and how urgent it is.

Send a chronology, the key documents and details of any assets you have identified. Urgent matters are triaged the same working day.

Find a barrister →

FAQ

Common questions.

What is a civil fraud claim?

A civil fraud claim is a civil claim founded on dishonesty. The common causes of action are deceit, unlawful and lawful means conspiracy, dishonest assistance in a breach of trust, knowing receipt, bribery and secret commissions, and proprietary claims to trace misapplied money or assets. It is brought by the victim in the civil courts and is aimed at recovering money rather than punishing the wrongdoer.

Do I need a criminal prosecution before bringing a civil fraud claim?

No. Civil and criminal proceedings are independent, and the civil standard of proof is the balance of probabilities rather than beyond reasonable doubt. A civil fraud claim is usually the faster route to recovering money, and it stays under your control rather than the prosecutor's. Civil proceedings can run alongside a police investigation, although the timing sometimes needs careful handling.

What is a freezing order and how do I get one?

A freezing injunction is an interim order preventing a defendant from dealing with assets up to a stated value pending trial. To obtain one you must show a good arguable case on the merits, a real risk of dissipation of assets, full and frank disclosure of everything relevant including points against you, and a cross undertaking in damages supported by evidence that you can meet it.

Can I find out where my money went?

Often yes. Norwich Pharmacal orders against banks and other innocent third parties, Bankers Trust relief, and asset disclosure orders ancillary to a freezing injunction can all be used to trace funds, sometimes across several jurisdictions. Tracing evidence obtained early is usually what makes the difference between a paper judgment and an actual recovery.

What can I recover in a civil fraud claim?

Damages in deceit cover all loss directly flowing from the fraud whether or not it was foreseeable. Equitable claims can produce an account of profits, equitable compensation, or a proprietary remedy over a traced asset, which gives priority over other creditors if the fraudster is insolvent. Interest and costs are usually recoverable in addition.

How quickly can civil fraud counsel act in an urgent case?

Urgent applications, including without notice freezing injunctions and search orders, can be prepared at short notice. Send the key documents and a chronology and we will confirm counsel availability and a fee for the application the same working day wherever possible.

How much does a civil fraud barrister cost?

Written advice on the merits of a fraud claim typically starts from around seven hundred and fifty pounds plus VAT. Urgent injunction work is quoted separately because of the intensity and timescale involved. Substantive work is quoted stage by stage, and trials are priced as a brief fee plus refreshers. Fixed fees are agreed in writing wherever the scope is clear.

Can I instruct a civil fraud barrister without a solicitor?

Advice, pleadings and representation at hearings can be provided under public access. Heavy fraud litigation involving disclosure, freezing orders and expert evidence usually needs a solicitor as well, and counsel will tell you honestly at the outset which route fits your case rather than taking work that should be run with a litigation team.