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Civil Fraud

According to research produced in 2016 by the University of Portsmouth, about £140 billion is lost by UK businesses every year through fraud. For these purposes “fraud” covers a wide range of human activities across many sectors. By far the biggest cost to UK business from fraud however still comes from business to business relationships, including contracts entered into as a result of bribery and corruption, dishonestly charging or overcharging corporate customers for goods and services, data theft and obtaining money or other value through misrepresentation or deception.

At Fox Williams our civil fraud team has considerable experience of acting for claimants and defendants in domestic and international fraud claims, obtaining interim relief both in the UK and in foreign courts in the course of such proceedings, and tracing the destination or proceeds of misappropriated assets. 

Recent cases where we have acted on behalf of (i) the Claimant and (ii) the Defendant are set out below.

(i) Claimant:

  • Otkritie and others v Urumov and others. Representing claimants in litigation in the English Commercial Court involving allegations of deceit, conspiracy, breach of fiduciary duty, money-laundering and knowing receipt. 

  • Acting for a Japanese company in a multi-million pound High Court claim against former directors, advisers and UK and British Virgin Islands companies for damages for loss suffered and the return of shares misappropriated by those directors and advisers. The case involved breaches of fiduciary duty (including fraudulent misrepresentation), breach of trust, dishonest assistance, conspiracy and equitable tracing.
     
  • Acted for a listed UK company in a multi-million dollar High Court claim against two of its directors for breach of fiduciary duty (including fraud claims) and duty of care, including obtaining numerous interlocutory injunctions in the US and Canada in support of the English proceedings.

  • Samir Arab v Raghida Ali Ghandour and others. Represented the claimant in a $35 million claim for fraudulent misrepresentation, dishonesty and breach of fiduciary duty arising out of the sale of the claimant’s shares in various defendant finance companies at a gross undervalue as a result of fraudulent misrepresentations. 

  • Acted for a BVI company in numerous High Court interlocutory injunctions for breach of fiduciary and contractual duties, fraud, dishonest assistance, and conspiracy. The litigation involved claims in a UK arbitration, the UK High Court, the Supreme Court of New South Wales, the Bahamas, the BVI, Kazakhstan, Switzerland, Colorado and Florida. 

  • 132 claimants v Sports Trading Club Limited. Acted for 132 individual investors whose investments were misappropriated by the company’s directors, including obtaining Norwich Pharmacal relief against banks in the Cayman Islands.

  • African Strategic Investment (Holdings) Limited and another v Christopher Main. Advised the claimants (South African mining companies) in a multi-million pound claim for wrongful conversion of a share certificate for 1 million shares which was the property of the claimants.

(ii) Defendant:

  • Arcadia Petroleum Limited and others v Bosworth and others. Acting on a $335 million oil trading claim brought against our client in the Commercial Court. The claim involves allegations of conspiracy, breach of fiduciary duty, dishonest assistance and knowing receipt. The claimants obtained a worldwide freezing order.

  • Ahmad Hamad Algosaibi and Brothers Company v Saad Investment Company Limited and others. Acting for Saudi businessman Maan Al Sanea in his defence of a $9 billion claim in which it was alleged he had committed a systematic fraud on the claimant over 20 years involving 116 banks. 

  • Renova Resources Private Equity Limited v Gilbertson and another. Represented the defendants in a claim said to be worth $1bn relating to the alleged diversion of a corporate opportunity, the global rights in the Fabergé brand. 

  • Acted for two BVI companies in an English Commercial Court claim worth US$1.2 billion brought by a state-owned Kazakh bank against 15 defendants alleging fraud, conspiracy, dishonest assistance and knowing receipt. The claimants obtained worldwide freezing relief from the English court.

If your matter involves criminal law issues or regulatory implications, our partners and associates in our business crime and contentious regulatory team can assist. We also draw on our established relationships with leading accountancy and IT forensic teams where these are needed to maximise the prospects of a successful outcome.

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Contact

tel: +44 (0) 20 7628 2000
10 Finsbury Square, London, EC2A 1AF
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Who should I contact?

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Gavin Foggo
Partner
Direct dial: +44 (0)20 7614 2543
gfoggo@foxwilliams.com

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David Butler
Partner
Direct dial: +44 (0) 20 7614 2670
dbutler@foxwilliams.com

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Evie Meleagros
Senior Associate
Direct dial: +44 (0)20 7614 2593
emeleagros@foxwilliams.com

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Dan Dodman
Senior Associate
Direct dial: +44 (0) 20 7614 2538
ddodman@foxwilliams.com

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Rebecca Richardson
Associate
Direct dial: +44 (0)20 7614 2629
rrichardson@foxwilliams.com


Accreditations

  • Top Ranked Chambers UK 2014 - Leading Firm
  • Ranked in Chambers Europe 2013 - Leading Individual
  • Ranked in Chambers Global 2014 - Leading Firm
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  • The Lawyer UK 200 - Listed Firm
  • The Law Society Excellence Awards 2012 - Shortlisted
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