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Rayner my parade! The importance of specialist advice.
Jemma Brimblecombe
Earlier this week The Times reported that “Fraud victims are being '"badly served'" by the Serious Fraud Office (SFO), which only recovered £1.3 million in compensation last year - despite UK fraud losses of £717 million..”
In the past year, the High Court has been asked to determine whether a purported will is a forgery on three different occasions. This is an interesting development because there is often a perception amongst lawyers that contested will forgery actions rarely reach trial.
A freezing order is an interim injunction that restrains the individual subject to the order (“the Respondent”) from disposing of or dealing with their assets to ensure that they are preserved until judgment can be enforced. It is normally obtained before the proceedings begin, and without notice to the Respondent. The consequences of a freezing order are extremely burdensome, not only on the Respondent but also on their family.
The claimant investors (P) sought declarations under the Proceeds of Crime Act 2002 s.281 that part of a fund which was subject to a freezing order belonged to them.
In the case of Arthur James Watts v John Harris Watts (2014) the High Court has recently awarded damages for deceit and breach of trust to a claimant beneficiary who was the victim of a fraudulent misrepresentation made by a trustee.
Jemma Brimblecombe
Charles Richardson
Oliver Oldman
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