There is no lawyer who can doubt that commercial fraud is a complex area of the law that can be perplexing to those who find themselves involved in it. Usually (if not always) such cases are complex and their complexity is heightened because they often involve much more than just a claim based on fraud. Therefore, inevitably in cases of this nature the “victim” will find himself digging into any sort of document evidencing fraud and his lawyers dipping into many different areas of the law, considering numerous forms of potential claims. The complexity of commercial fraud has been put well by Lord Millett in the foreword he provided in the book ‘Commercial Fraud in Civil Practice’:
“The sophistication of the modern fraudster and the ease and speed with which he can transmit the proceeds to other jurisdictions and conceal or launder them make the facts complex and their discovery difficult.”
Once fraud is revealed then the “victim” should inevitably react fast in order to avoid the cause of irreparable damage and to maintain, to the best possible extend, the status quo pending the final determination of his claim. In order to do so one needs to employ within his substantive claim, and usually as a matter of urgency, the issue of any available interim injunctions, such as a freezing injunction (‘Mareva Injunction’).
Since it is admittedly very difficult in most of the cases to prove fraud due to “the sophistication of the modern fraudster…” and the cunning ways in which he moves, in order to gather up evidence and plead adequately the claim one may consider to apply to the Court for a discovery order or even a search order (‘Anton Piller’ order).
The complexity of commercial fraud cases is the reason why it is of vital importance that such matters are handled by lawyers who are well versed in all aspects of commercial fraud and have the expertise to assemble the case and respond to all the challenges that can be posed by it. Our dispute resolution team is experienced enough and has the necessary network of international contacts to cope with commercially complex high-stakes fraud cases and successfully support or defend such claims. Any such case involves taking the most appropriate steps at the right time, thus our team’s approach ensures that the right strategy and tactics are employed so as to secure the best possible outcome for our clients.