Civil Fraud

 

We have long had an excellent reputation in the field of civil fraud, and are well known for acting in complex cases involving fraud, dishonesty and misfeasance.  Members of New Square Chambers pioneered the use of worldwide freezing and tracing orders, and associated receiverships, and our members continued to be recognised as leading barristers in this area. 

New Square Chambers has been involved in some of the highest profile cases of recent times, including the Berezovsky litigation, BTA Bank v Ablyazov, and the litigation arising from the Weavering hedge fund fraud. 

In recent years, members have appeared in cases such as Brent LBC v Davies, civil litigation following the successful private prosecution of the tycoon Ketan Somaia, Abela v Badaraani, several of the News Group Newspapers phone hacking claims, a large international Ponzi scheme case, and a multi-million pound fraud involving the Iraqi Government.

 

Interim Remedies

We regularly seek or resist the full range of interim remedies available to litigants in fraud cases, including:

  • Worldwide freezing orders and proprietary injunctions;
  • Disclosure orders ancillary to freezing orders, including those against solicitors;
  • Norwich Pharmacal and other third-party disclosure orders including Bankers Trust orders, gagging orders and orders against internet service providers; 
  • Search orders and Anton Piller relief;
  • Committal applications and related applications;
  • Orders for seizure of passports; and
  • Receivership in support of freezing orders.

 

Disclosure

We are able to assist with all issues arising in the course of disclosure, as well as with heavy disclosure review exercises. We have often done this in teams within Chambers, using all of the major electronic disclosure databases.

 

Expert Evidence

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

 

Enforcement

In fraud cases, judgment is rarely the end of the story. Our members are well accustomed to assisting in the enforcement of judgments. The complementary experience and knowledge of our members as to insolvency, in particular cross-border insolvency, and trusts law, both domestically and offshore, is of considerable value when advising on the enforcement of judgments in fraud cases. 

 

Jurisdictional Issues

As well as regular appearances in the courts in London, over the past few years we have appeared or advised in the Bahamas, BVI, Bermuda, the Cayman Islands, the Channel Islands, the CIS, Isle of Man, Hong Kong, and Singapore. Our strength and experience in offshore and international disputes mean that our members are excellently placed to advise on issues of jurisdiction, conflict of laws, and the recognition of orders made here and abroad, particularly in cases with non-EU defendants.