- A contract claim in which the defendant has breached the terms of a contract resulting in the innocent party seeking damages.
- Deceit, where the defendant provided a statement or representation to the innocent party knowing that the statement or representation is false resulting in the loss or damage to a third party.
- Conspiracy, where the case involves more than one person who agreed to become a party to the fraud or provided assistance to others within the conspiracy which resulted in a loss to another individual or company.
Another instance where a civil fraud claim may arise, is where it is alleged that a defendant is enriched unjustly at the expense of a claimant. The defendant would need to show commercial reasoning as to why the enrichment is not unjust.
Finally, misrepresentation may be the cause of a civil fraud claim arising. In order for misrepresentation to be satisfied the claimant must show that a negligent statement was made, and it was this negligent statement that the defendant relied upon which in turn caused loss or damage.
Possible defences to a claim of civil fraud include insufficient evidence, entrapment, absence of intent to commit a crime and in defence of false statements, it is possible that the statement, despite being false, is not fraudulent.
Richardson Lissack represent both claimants and respondents/ defendants, either individuals or corporates, in respect of commercial fraud matters. If you or your business suspect that you have been a victim of a commercial fraud, please feel free to contact us to discuss your case on a no obligation basis. We can assist with a discreet internal investigation to help find the potential source and evidence of the fraud if you suspect any wrongdoing by an employee or co-director. We also offer external investigations if you require us to assist you in gathering evidence. If it can be established that fraudulent activity has occurred, then we can advise on the next steps in terms of litigation.
If you are the subject of a claim in respect of a civil fraud by your employer, HMRC, co-director of your firm or any other third party, or if you wish to consider bringing a claim against a corporation or an individual for civil fraud, please feel free to contact this firm for a no obligation discussion regarding your case.