Advised a G15 housing association in relation to an incident of employee fraud, including acting on the client’s behalf in making an application to Court for non-party disclosure (a Norwich Pharmacal application) against a national retail bank to discover the recipient of the diverted sums believed to be linked to the dishonest actions of an employee in a property sales function for the housing association client.
The client was obliged to investigate due to their regulatory oversight concerning any incidents of fraudulent conduct. They needed to establish whether such incident of suspected diversion of monies by an employee took place and if so, was it an isolated incident or part of a wider enterprise. The fraudulent loss identified was of relatively low value but the client needed to understand what had taken place and by who.
Therefore, the client required value for money in terms of legal costs which Tenet was able to deliver. The application was successful, and disclosure of the recipient’s name to where funds had been diverted, address and bank statements was obtained. That disclosure enabled the client to proceed with legal action against both the perpetrator (the suspected employee) and recipient to recover the diverted sums successfully.
