Civil fraud and asset recovery

We have extensive expertise in acting in fraud litigation and asset preservation and recovery, including in complex commercial fraud cases, both onshore and offshore. Our members include recognised leaders in the civil fraud field and have been involved in cases which have made significant developments to the law in this area.

We act across the full spectrum of civil fraud claims including those based on misrepresentation, breach of duty, conspiracy, and accessory liability and at all stages in bringing or defending a claim. Our work includes:

  • freezing, search and disclosure orders (whether against a cause of action defendant or third party)
  • receivership orders (pre- and post-judgment)
  • committal proceedings (pre- and post- judgment) brought on allegations of contempt
  • jurisdictional issues
  • all advisory and interim stages
  • trial
  • enforcement, including insolvency proceedings

Our experience in related areas such as company, insolvency, banking and financial services, property and trusts law ensures expert and comprehensive representation and advice.

Rankings and recognition

Wilberforce is ranked as a leading civil fraud chambers in both Chambers & Partners and The Legal 500.

Chambers & Partners UK 2023: Wilberforce Chambers houses a strong bench of experienced barristers who are regularly instructed in high-value and multi-jurisdictional civil fraud disputes. The team is noted for its expert handling of cases involving offshore jurisdictions such as the Cayman Islands and the BVI, as well as matters arising in Asia and Europe. Members offer expertise in claims stemming from allegations of misrepresentation, conspiracy and breach of duty. Cases involving complex jurisdictional issues and contempt proceedings are also key areas of strength for the set. Recent work handled by the set’s tenants includes acting in Libyan Investment Authority v Credit Suisse and others, a USD200 million claim alleging fraud and corruption.

The Legal 500 UK 2023: Wilberforce Chambers is a ‘go-to set for complex, high value claims involving in-depth technical issues’ and is especially strong for offshore claims. The set’s members are involved in some of the longest running cases to hit the market, including AHAB v Saad Investments Company Limited, what at first instance was referred to by a Caymanian judge as ‘one of the largest Ponzi schemes in history’ and was the longest appeal heard by the Grand Court of the Cayman Islands, in which John Wardell KC‘s claimant team faced Thomas Lowe KC and Jack Watson on the defendant side. Newer cases include three disputes linked to the collapse of NMC Health, the Middle East’s largest private healthcare company, in which Tim Penny KC is representing former director Saeed Al Qebaisi and former vice-chairman Khalifa Al Muhairi, who are accused of fraud and unlawful means of conspiracy leading to NMC’s demise.

 

Notable cases

Invest Bank v El-Husseini and Others [2022]

The Judge held that it is clear that there is reciprocity of enforcement of judgments between the English court and the UAE courts, and that enforcement of a costs order is not contrary to the public policy of the UAE. The Judge also found that “a straightforward route” to enforcement of an English costs would be to enforce the judgment in the DIFC and then to enforce the resulting DIFC judgment in the UAE.

Abu Dhabi Commercial Bank PJSC v Shetty & others [2022]

A US$1 Billion damages claim, which arose out of the collapse of NMC PLC, a former FTSE 100 company, and its operating subsidiaries in the UAE, all of which are now in administration in England and Wales and the UAE. The claimant is an Abu Dhabi-based bank, and the first to third defendants are the former private shareholders in NMC PLC. The Bank alleged that the defendants are responsible, with others, for a serious fraud that appears to have taken place within the NMC Group of companies. The defendants all deny involvement in the fraud.

Raiffeisen Bank v. Scully Royalty Ltd & Others [2022]

A multi-million euro, multi-faceted fraud claim in the Cayman Islands that made new law on the Cayman Fraudulent Dispositions Law.

Steenbok Newco and another v Formal Holdings and others [2022]

South Africa’s largest ever private sector accounting fraud scandal. Alleged payments totalling approximately €95 million are said to have been made fraudulently. The case raises issues of German, Austrian, Swiss and BVI law.

The Libyan Investment Authority v Credit Suisse and others [2021]

The latest chapter in the long running and high-profile litigation instigated by the LIA seeking to recoup funds invested during the Gaddafi dictatorship in Libya. Successfully defended fraud and corruption claims to the value of £200m.

Akhmedova v Akhmedov [2021]

Proceedings across multiple jurisdictions and involve inter alia efforts to enforce against a yacht formerly owned by Mr Abramovich which is currently under arrest in Dubai. Case also involved alleged transactions in defraud of creditors contrary to section 423 of the Insolvency Act. After successfully representing Mrs Akhmedova in this case, Alan Gourgey KC was named Times Lawyer of the Week.

AHAB v SAAD [2021]

One of the largest frauds ever perpetrated involving some 118 banks which together lent a total of $126 billion over two decades.

Meridian Trust v Eike Batista [2020]

A case involving the first statutory free-standing worldwide freezing order in Cayman. The first common law case in which a freezing injunction was granted over claims for American treble damages under RICO. Fraud resulted in losses of $5bn, with the lead claim being for $60m.

Lemos v Blue Diamond Corporation and Stegasis Corporation [2020]

A complex multi-jurisdictional case involving one of Greece’s largest shipping families and their ownership of shares in two Liberian Corporations, which raises multiple conflicts of law issues and matters relating to fraudulent misappropriation of shares.

Gerald Metals v Frank Timis and others / Gerald Metals v Cape Lambert / Gerald Metals v Red Metal [2020]

Gerald Metals, a trading company which brought a claim in deceit and in unlawful means conspiracy (based on s.423 Insolvency Act 1986) against a large number of trustees and individuals. The dispute was very significant and worth around £100 million.

Takhar v Gracefield Developments Limited [2019]

Supreme Court case establishing that a person who applies to set aside an earlier judgment on the basis of fraud does not have to demonstrate that the evidence of this fraud could not have been obtained with reasonable diligence before the earlier trial.

Libyan Investment Authority v JP Morgan and others [2019]

Acted for one of the successful defendants in his jurisdiction challenge – a Libyan businessman against whom a claim had been brought by the Libyan Investment Authority alleging fraud and corruption in relation to transactions that it had entered into with Bear Stearns bank in 2007.

Takhar v Gracefield Developments [2019]

Supreme Court case establishing that a person who applies to set aside an earlier judgment on the basis of fraud does not have to demonstrate that the evidence of this fraud could not have been obtained with reasonable diligence before the earlier trial.

National Trust Bank v Yurov & others [2019]

US$1billion claim for dishonest breach of duty against the shareholder directors arising from the collapse of Russia’s 16th largest bank.

JSC BM Bank v Kekhman [2018]

A claim made by a Russian Bank against a “banana oligarch” for damages for deceit and unlawful means conspiracy in respect of a loan made to a Russian group of companies. The judgment is of note by identifying principles for inferring fraud.

Pensions Regulator v PAYAE and others [2018]

The Pensions Regulator’s first fraud claim to go to trial.

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