Civil Fraud

“Chambers have a very strong corporate capability and are my go to set for corporate law issues; contentious and non-contentious. Aligned to this is a strong capability on insolvency related issues.” Chambers UK Bar, 2024

New Square Chambers has a long-standing reputation for civil fraud work. Members of Chambers pioneered the use of worldwide freezing orders, tracing orders, and associated receiverships.

Our barristers continue to be recognised as leading practitioners, with members of the team being consistently recommended by the legal directories. The team has strength and depth at all levels of seniority, with members being highly commercial, forensic, technically able, client-friendly, and effective whether instructed as sole counsel or as part of an internal or an external team.

Chambers’ professional clients include a wide-range of domestic and international solicitors, in-house teams and other professionals.

Civil fraud expertise

Members of Chambers have been involved in some of the most high-profile cases of recent times, including: the Berezovsky litigation, BTA Bank v Ablyazov, the litigation arising from the Weavering hedge fund fraud, and News Group Newspapers phone hacking claims.

In recent years, our barristers have been instructed in cases involving deceit, dishonest assistance, and breach of fiduciary duty (Al Assam and Others v Tsouvelekakis), secret commissions (Wood v Commercial First Ltd and Business Mortgage Finance 4 v Pengelly), deceit and unlawful means conspiracy (Vald Nielsen Holdings A/S v Baldorino), the assessment of damages following the wrongful grant of a freezing order following allegations of a cryptocurrency Ponzi scheme (BDG Financial Services Limited and Anor v Procap Assets (BDG GS Action) and issues relating to jurisdiction  (AK Investment Limited v Kyrgyz Mobil Tel Limited ).

Leading and junior counsel have significant experience of domestic and international fraud disputes (including the Bahamas, BVI, Bermuda, Cayman Islands, Jersey, Guernsey, CIS, Dubai, Isle of Man, Hong Kong, and Singapore), often where £millions or £billions are in issue. Junior counsel also act in medium-sized and smaller disputes.

Our expertise includes:

  • Fraud
  • Interim remedies
  • Disclosure
  • Expert evidence
  • Enforcement
  • Conflict of laws/Jurisdiction

Our barristers also have expertise within other complimentary areas of law, such as commercial litigation, company & partnership, insolvency, and trusts. As well as appearing as counsel at final hearings and at appeals, our barristers are regularly instructed to appear at procedural and interlocutory hearings, as well as at various forms of Alternative Dispute Resolution, and to assist with enforcement. As such, our barristers are able to act across the full spectrum of civil fraud cases, and at all stages of a case.

Members are supported by an experienced, knowledgeable and responsive clerking team.

Fraud

Our barristers have particular expertise within:

  • Accounting and auditing;
  • Asset tracing and recovery;
  • Bribery;
  • Breach of trust;
  • Breach of fiduciary duty;
  • Conversion;
  • Cryptocurrency;
  • Conspiracy;
  • Deceit;
  • Dishonest assistance;
  • Economic torts;
  • Misfeasance and misconduct; and
  • Misrepresentation.

Interim remedies

The team has strength and depth in respect of seeking and resisting interim remedies, including:

  • Freezing orders and proprietary injunctions;
  • Disclosure orders ancillary to freezing orders;
  • Receivership in support of freezing orders
  • Norwich Pharmacal and other third-party disclosure orders such as Bankers Trust orders, gagging orders, and orders against internet service providers;
  • Search orders and Anton Piller relief;
  • Committal applications; and
  • Passport orders.

Conflict of laws /Jurisdiction

Members of the team are experienced in respect of issues relating to conflict of laws, jurisdiction and recognition orders, having regularly appeared or advised in matters before the English courts and the courts of the Bahamas, BVI, Bermuda, the Cayman Islands, the Channel Islands, the CIS, Isle of Man, Hong Kong, and Singapore.

Disclosure

In addition to advising on disclosure and appearing as counsel at applications relating to disclosure, our barristers are able to assist with heavy disclosure review exercises. Our barristers have done this as individuals or as part of a team, and the team has experience of various disclosure management systems and software.

Expert evidence

We are familiar with foreign legal systems, including those of Russian and former CIS states, particularly where relevant to fraud litigation, and are experienced in working with foreign law expert witnesses and forensic accountants. Members of the team also act as experts in English and Commonwealth law, where cases are proceeding abroad.

Enforcement

Our barristers recognised the difficulties often faced when seeking to enforce judgment in a civil fraud claim. With experience of various jurisdictions, and complimentary expertise within insolvency and cross-border insolvency, and trusts, we are well-placed to advise and assist with enforcement.

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“Members of New Square Chambers are frequently instructed on a wide variety of cases involving offshore trust matters, civil fraud, commercial contracts, insolvency and property claims.”

Legal 500, 2023
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