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Reflecting on when your fraud claim goes badly

Reflecting on when your fraud claim goes badly

Written by admin on . Posted in Uncategorized.

Most people acknowledge there is an inherent risk in litigation. That is especially the case in claims of fraud. Even with a strong case, the outcome is never certain. Those who have worked with solicitors and barristers will know that they are generally cautiously optimistic when it comes to the merits of a claim, however that is not always the case. Does confidence in the merits of a case that goes on to fail indicate a problem with the legal advice?

A recent case supported the view that failure of a litigant’s claim does not mean that a solicitor’s earlier confident views about the claim were necessarily negligent. But what if the solicitor clearly got things wrong; mismanaged the claim, perhaps failed to spot or fully investigate a fraud? What are the routes for redress and how can we help?

Economic crime: The Treasury Committee’s vision for the future

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On 2 February 2022 the Treasury Committee published their report on economic crime (the “Report”). [1] Against the backdrop of frankly alarming levels of fraud and economic crime, the Committee was asked to report on the progress made by the Government in tackling economic crime.

The conclusion of the Report is quite simply that not enough is being done, and that what is being done is “…not urgent enough to stem the rise, let alone start to bring it under control.” The recommendations of the Committee are comprehensive and, if implemented, will completely change the landscape in the UK for those that seek to exploit its weaknesses.

ESG Metrics: marketing, misleading or more?

ESG Metrics: marketing, misleading or more?

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A company’s “ESG” or “Environmental, Social and Governance” metrics are increasingly being used by investors to benchmark companies and identify material risks and growth opportunities. Not yet mainstream, companies are increasingly choosing to disclose such metrics voluntarily through annual reports or standalone sustainability reports. But should companies be wary of what representations they make about their ESG credentials? Can investors hold them to account if such statements turn out to be untrue or an exaggeration of reality?

managing a fraud investigation

Managing An In-house Investigation

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Managing fraud investigations: an in-house perspective

Upon discovering fraud there are important issues to consider and preliminary steps which need to be taken before involving external advisors. Arun Chauhan takes us through what good practice looks like in the current fraud environment and what in-house legal teams should think about when conducting a regulatory investigation.

Fraud and the limitation period

Fraud And The Limitation Period

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Assessing when a claimant could have discovered fraud…

In the recent case of European Real Estate Debt Fun (Cayman) Ltd v Treon and others [2021] EWHC 2866, the High Court took a broad view of the facts to be taken into consideration when assessing when a claimant could have discovered fraud for the purposes of the Limitation Act 1980 (the “Act”).

Fraud in the charity sector

Fraud in the charity sector: the role of trustees

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Following Charity Fraud Awareness Week 2021 [1] , we felt it important to provide guidance about the role of Charity Trustees. A trustee of a charity is a custodian of that charity and legally responsible for the proper use of charity funds. They have legal duties under charity law to safeguard charity assets. In circumstances where the charity sector is seeing an increase in fraud, it is therefore, becoming even more essential for trustees to take steps to protect their charity and its assets from fraud.

The aftermath of COVID-19: What can businesses do to combat the increased the risk of fraud brought about by the pandemic?

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In a recent article for CICM magazine, Tenet founder – Arun Chauhan discussed the impact of fraud on creditworthiness and liquidity. In that article, Arun also assessed the factors contributing to an increased risk of fraud during the pandemic. Indeed, the key factor driving an individual to commit fraud is pressure, and there has certainly been enough of that felt both during the pandemic and beyond. At a time when many financial schemes are coming to an end, and the UK is facing an uncertain winter with increased household bills and cuts to universal credit, what can businesses do to protect themselves from fraud?

Tenet takes a deep dive into food-labelling and fraudulent misrepresentation

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New Food has published an article by Tenet in which Arun Chauhan and Esther Phillips analyse the legal issues behind the recent Subway fake tuna scandal. Tenet considers the factual basis of the claim, the limitations of DNA testing, the requirements of bringing a fraudulent misrepresentation claim in the UK and the wider impact of this case on the food industry.

the-secret-ingredient

The Secret Ingredient: Improving Your Food Fraud Prevention Planning

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Welcome to the first edition of our bi-monthly newsletter – specifically focused on the prevention and protection against fraud for the food sector. As a professional within the food industry you will be aware of the growing concern and complexity of law around adulterated food and the impact this is having on both businesses and consumers. In each issue we provide articles to assist with your fraud prevention planning, advice on protecting brand integrity and recommendations to improve quality control – all from a legal perspective. While you are welcome to unsubscribe at any time we hope you will look forward to our monthly newsletters where we share our legal insight and experiences on the issues currently affecting our clients in your market.