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.