RECOVERING LOSSES FROM FRAUD: CRIMINAL OR CIVIL LAW?

On 13 September, a briefing from Eversheds Sutherland posed this question said that victims of fraud may assume that what has happened is a crime, and that it is the criminal law that will help them to seek retribution. However, the article suggests that it is the civil law that provides the most direct and well-trodden route towards a Court judgment that can be used to secure the return of misappropriated funds.  It says that this decision by the Court of Appeal in London has confirmed that commercial fraud claims are to be determined in the civil courts, and the use of criminal proceedings as a tactic to apply pressure can be abusive and improper.

https://www.eversheds-sutherland.com/global/en/what/articles/index.page?ArticleID=en/Fraud_and_financial_crime/Recovering_losses_from_fraud_Civil_or_criminal_law

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Author: raytodd2017

Chartered Legal Executive and former senior manager with Isle of Man Customs and Excise, where I was (amongst other things) Sanctions Officer (for UN/EU sanctions), Export Licensing Officer and Manager of the Legal-Library & Collectorate Support Section

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