Fraud & Asset Recovery

In the recent Court of Appeal judgment of Okpabi v Royal Dutch Shell Plc[1], the court examined the issue of whether there was an arguable case that Royal Dutch Shell (Shell), as the UK parent company of a Nigerian subsidiary, owed a duty of care to those affected by oil leaks from pipelines and associated […]

Eurasian Natural Resources Corporation Ltd (ENRC) has been granted permission to appeal the controversial ruling in Serious Fraud Office (SFO) v Eurasian Natural Resources Corporation Ltd [2017] EWHC 1017 (QB)  which sent shock waves through the legal profession earlier this year. The appealed decision held that certain documents generated during an internal investigation conducted by […]

Fladgate LLP has continued to be highly rated by Chambers Guide to the UK Legal Profession 2018, with a number of the firm’s partners ranked as leading individuals. Construction: Purchaser Lawyers ranked Gillian Birkby, Alan Erwin, Alan Woolston What the team is known for Well-regarded practice with a purchaser-side focus. Advises on high-value transactional and contentious matters […]

Given that most high-profile competition law actions tend to involve the decisions of large-scale regulators following heavily-protracted investigations (such as the recent seven-year EU commission investigation into Google’s online shopping offering), small businesses and consumers could be forgiven for thinking that redress in competition law is not a realistic proposition. It was, however, with this […]

Chester Zoo fell victim to a type of fraud called ‘invoice hijacking’, where fraudsters intercept correspondence between two parties that have an existing contractual relationship and invoice the target for services that have actually been rendered. Chester Zoo had engaged Laing O’Rourke to carry out construction works for a safari experience valued at approximately £17 […]

Online banking fraud is becoming more sophisticated, causing large losses to individuals and companies. Unsurprisingly, the number of cases against banks involving online fraud is increasing. In March, Sir Bernard Hogan-Howe, head of London’s Metropolitan Police, suggested banks should not fully refund victims of fraud who have not protected themselves. Whilst not universally well received, […]

A party claiming fraud in proceedings brought under English law must adopt an exacting standard when setting out their allegations. Claims of fraud need to be unambiguous and specific, and the relevant causes of action and relief claimed clearly identified. The party alleging fraud must also be prepared to back up their claims in evidence, […]

Fladgate is delighted that a number of its partners and associates have been ranked in the 2015 Super Lawyers UK List, published by Thomson Reuters. Super Lawyers Banking Law Paul Howcroft Kim McMurray Charles Proctor Business Affairs Paul Airley Avram Kelman Eddie Powell David Robinson Commercial Litigation Simon Ekins Commercial Property Antonia Brandes Allen Cohen […]

The English Courts have never shied away from addressing fraud claims head-on. The courts have responded to the trend claimants to seek increasingly wide forms of freezing orders by taking a flexible approach to compel disclosure (thus assist the preservation of assets) while simultaneously seeking to protect the respondent’s position appropriately. To reflect corporate ownership […]

A simple phrase is crucial to avoid being unintentionally bound by an agreement in settlement negotiations, explains Sophia Purkis. Settlement negotiations may often be challenging and conducted under pressure. In Bieber v Teathers (in liquidation) [2014] EWHC 4205, the court issued a stark reminder to make sure that offers are made expressly ‘subject to contract’ […]

After facing a barrage of criticism over the last few years following a series of high profile failures, such as the Tchenguiz affair, the SFO appears to have clawed some pride back after the Sustainable AgroEnergy PLC (SAE) convictions at Southwark Crown Court. But has there truly been a turn in its fortunes? Many believed […]

Fraud is estimated to cost the UK economy more than £50 billion and cybercrime nearly £30 billion annually. Fraud, bribery and corruption can be internal, committed by an employee or senior manager, or external, committed by suppliers and customers (though external frauds often require insider assistance). Types of fraud include: asset misappropriation (theft of cash, […]