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Civil service

06 November 2008
Issue: 7344 / Categories: Features , Commercial
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William Christopher explains why he recommends pursuing perpetrators of fraud in civil courts

An economy facing an impending recession has resulted not only in increased levels of fraud, but also in greater incidents of fraud being discovered. If a company is the victim of fraud there are two ways to deal with it.

The first, and most obvious option is to report the fraud to the police. However, this should not be the option chosen by a victim wishing to recover the money lost.

Instead, the victim should pursue the perpetrators of fraud through the civil courts. A solicitor acting for a victim has a focus on preserving and recovering assets. The prosecuting criminal authority’s primary interest is in securing a conviction. Any consideration of compensation is very much a secondary consideration, if considered at all. A powerful legal arsenal in the civil courts can be used to discover where the victim’s assets have gone and get them back.

Effective remedy
4Eng Limited v Harper and Another, [2007] EWCH 7568 (Ch), [2008] Times, 23 June, illustrates how these

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MOVERS & SHAKERS

Kingsley Napley—Claire Green

Kingsley Napley—Claire Green

Firm announces appointment of chief legal officer

Weightmans—Emma Eccles & Mark Woodall

Weightmans—Emma Eccles & Mark Woodall

Firm bolsters Manchester insurance practice with double partner appointment

Gilson Gray—Linda Pope

Gilson Gray—Linda Pope

Partner joins family law team inLondon

NEWS
Limited liability partnerships (LLPs) are reportedly in the firing line in Chancellor Rachel Reeves upcoming Autumn budget
Transferring anti-money laundering (AML) and counter-terrorism financing supervision to the Financial Conduct Authority (FCA) could create extra paperwork and increase costs for clients, lawyers have warned 
In this week's NLJ, Bhavini Patel of Howard Kennedy LLP reports on Almacantar v De Valk [2025], a landmark Upper Tribunal ruling extending protection for leaseholders under the Building Safety Act 2022
Writing in NLJ this week, Hanna Basha and Jamie Hurworth of Payne Hicks Beach dissect TV chef John Torode’s startling decision to identify himself in a racism investigation he denied. In an age of ‘cancel culture’, they argue, self-disclosure can both protect and imperil reputations
As he steps down as Chancellor of the High Court, Sir Julian Flaux reflects on over 40 years in law, citing independence, impartiality and integrity as guiding principles. In a special interview with Grania Langdon-Down for NLJ, Sir Julian highlights morale, mentorship and openness as key to a thriving judiciary
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