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03 May 2024 / Mary Young
Issue: 8069 / Categories: Features , Procedure & practice , Fraud
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Smoke & mirrors in the world of fraud litigation

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A cautionary tale from Mary Young, showing that anyone can be duped—including lawyers
  • A discussion of Verdi Law Group PC v BNP Paribas [2023], in which the claimant law firm fell for a scam.
  • Firms need to be more cautious than ever in all their dealings—when agreeing to act, taking instructions and verifying client account details.

It is not uncommon for solicitors’ firms to be parties to litigation (as opposed to representing parties to litigation), even if breach of contract and/or negligence claims are disregarded. In recent years we have seen Dechert brought into the proceedings involving its former client, giving rise to wide-ranging decisions about issues such as the iniquity exception to privilege.

There was a spate of claims involving solicitors’ firms between 2012 and 2014 relating to property hijack cases, where solicitors had inadvertently been involved in fraud relating to the sale and purchase of real estate, where the purported vendor was an imposter who had stolen the identity of the genuine owner

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MOVERS & SHAKERS

Cripps—Radius Law

Cripps—Radius Law

Commercial and technology practice boosted by team hire

Switalskis—Grimsby

Switalskis—Grimsby

Firm expands with new Grimsby office to serve North East Lincolnshire

Slater Heelis—Will Newman & Lucy Spilsbury

Slater Heelis—Will Newman & Lucy Spilsbury

Property team boosted by two solicitor appointments

NEWS
A High Court ruling involving the Longleat estate has exposed the fault line between modern family building and historic trust drafting. Writing in NLJ this week, Charlotte Coyle, director and family law expert at Freeths, examines Cator v Thynn [2026] EWHC 209 (Ch), where trustees sought approval to modernise trusts that retain pre-1970 definitions of ‘child’, ‘grandchild’ and ‘issue’
Fresh proposals to criminalise ‘nudification’ apps, prioritise cyberflashing and non-consensual intimate images, and even ban under-16s from social media have reignited debate over whether the Online Safety Act 2023 (OSA 2023) is fit for purpose. Writing in NLJ this week, Alexander Brown, head of technology, media and telecommunications, and Alexandra Webster, managing associate, Simmons & Simmons, caution against reactive law-making that could undermine the Act’s ‘risk-based and outcomes-focused’ design
Recent allegations surrounding Peter Mandelson and Andrew Mountbatten-Windsor have reignited scrutiny of the ancient common law offence of misconduct in public office. Writing in NLJ this week, Simon Parsons, teaching fellow at Bath Spa University, asks whether their conduct could clear a notoriously high legal hurdle
A landmark ruling has reshaped child clinical negligence claims. Writing in NLJ this week, Jodi Newton, head of birth and paediatric negligence at Osbornes Law, explains how the Supreme Court in CCC v Sheffield Teaching Hospitals NHS Foundation Trust [2026] UKSC 5 has overturned Croke v Wiseman, ending the long-standing bar on children recovering ‘lost years’ earnings
A Court of Appeal ruling has drawn a firm line under party autonomy in arbitration. Writing in NLJ this week, Masood Ahmed, associate professor at the University of Leicester, analyses Gluck v Endzweig [2026] EWCA Civ 145, where a clause allowing arbitrators to amend an award ‘at any time’ was held incompatible with the Arbitration Act 1996
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