Thou shall not steal…
Fraud is a criminal offence and defending the civil action is not always the end game. We never lose sight of this and believe fraudsters should be punished in the form of enforcing costs orders and criminal sanctions wherever possible.
Our specialist fraud lawyers have vast experience in recovering insurer outlay in circumstances of fraudulent misrepresentation by both first and third parties. This includes actions under the tort of deceit, the tort of conspiracy including seeking exemplary (or punitive) damages where appropriate.
Further supporting the recovery offering is our specialism in enforcing judgments. A judgment at trial or earlier stage is not a successful recovery if it is not followed by money collected. We are able to give informed advice on the enforcement of a judgment if it is not paid, by all available methods including:
- Charging Orders against property
- Attachment of earnings orders
- Writs of FIFA or execution to enable a bailiff or enforcement officer to levy against or seize goods
- Insolvency or personal bankruptcy
The Counter Fraud team will bring private prosecutions and committal proceedings for contempt of court where further punitive measures are sought and where it is thought that the case has reached the criminal standard.
Following the recent Jackson changes and the introduction of s57 Criminal Justice and Courts Act 2015 the fraud team has been successful in obtaining and enforcing costs orders for abuse of process and following findings of Fundamental Dishonesty.