Recommended as leading set for civil fraud by both Chambers UK and Legal 500, we deal with all aspects of civil fraud such as obtaining urgent without notice relief (freezing injunction; search orders; orders for delivery up of information in electronic form); establishing or challenging the jurisdiction of the English courts in complex international fraud matters; dealing with the matter at trial or arbitration and enforcing any judgment obtained.
Cases involving allegations of fraud cover a wide range of legal areas. Members of chambers working in this area are able to draw on their considerable knowledge and experience of banking and commercial, company and insolvency, property and employment law.
Criminal fraud and corporate crime
We can provide the advice, practical assistance or representation in corporate crime and regulation matters and throughout all stages of an investigation or prosecution.
We are highly experienced in the field and have acted for clients in a wide variety of business crime cases. Our knowledge and expertise extends to investigations and defence of matters in the following areas:
- Asset seizure
- Business fraud
- Carousel fraud
- Cartels and Enterprise Act proceedings - OFT
- Corporate manslaughter
- Director disqualification
- Directors and officers liability
- Environmental law
- False accounting
- FSA compliance
- HMRC – tax and VAT investigations
- Serious Crime Act
- Money laundering
- POCA and SOCA
- Regulatory investigation
- Restraining orders
- SFO investigations
- Trading Standards
What others say
Our most recent recommendations in the legal directories are:
Leading set, silk and juniors for Civil Fraud - Chambers UK 2013
Commercial chancery set 11 Stone Buildings continues to expand both in terms of personnel and its areas of expertise, and constitutes a noted presence in the civil fraud market. Its members are frequently instructed in high-value international fraud cases, and continue to forge new ground outside of the set's traditional strength in insolvency. Sources also praise the clerking at this set, particularly warming to the fact that "the clerks are always available" to speak to.
Alan Gourgey QC is "fantastic" and "looks at every angle available to come up with an imaginative solution." Praised by sources for his advocacy, he recently acted on behalf of Russian bank VTB in its USD220 million deceit claim.
Max Mallin is "exceptional" according to interviewees, who further praise him as an "adventurous advocate." A former banker, he has a head for figures and is comfortable with complex financial transactions. This no doubt helped him when acting in a USD450 million claim by Dubai Islamic Bank arising out of an alleged receivables fraud. Tim Penny is noted for his intelligence and his eye for detail which makes him "great on fact-heavy cases." He has recently been acting in several multi-jurisdictional cases, a USD200 million fraud case involving a Russian bank, and a case involving a celebrity chef. Iain Pester boasts impressive Russian language skills, which serves him well when acting for clients like VTB Capital. Sources note his ability with complex fraud cases and value the way "he can work through very large amounts of data and get a coherent story out of it." Ian Smith is a dab hand with Proceeds of Crime Act orders as well as more general civil fraud matters. One source said: "I always find him to be the first point of reference when you're dealing with a civil confiscation order." He has recently been in a number of high-value disputes which contain significant international elements. (Civil Fraud, Chambers UK 2013)
Leading junior for POCA Work & Asset Forfeiture (all circuits) - Chambers UK 2013
The "bright and able" Ian Smith of 11 Stone Buildings has "knowledge of POCA and how restraint orders work that is second to none: "He understands both the civil proceedings and criminal proceedings very well."(POCA Work & Asset Forfeiture, Chambers UK 2013)
A leading set for Fraud: Civil - Legal 500 2012
11 Stone Buildings’ Alan Gourgey QC is ‘exceptionally quick at grasping issues and is among the fastest drafters’. Tim Penny is ‘good for complex cases’, Max Mallin ‘performs well on his feet’, Iain Pester is ‘exceptionally bright’ and Ian Smith is ‘tactically very astute’. (Fraud: Civil, Legal 500 2012)
For a full overview of the directories' testimonials over the years, please click here.
Articles & Publications
Given our expertise in this area our members are often invited to write for specialised publications and/or have written 11 SB case notes/bulletins on relevant topics. A few recent examples include:
- Secret commissions and proprietary claims – where are we now? Insider case note, March 2013 by Peter Head.
- Piercing the corporate veil to recover assets from fraudsters. Insider case note, June 2012 by Adam Deacock.
- Financial fraud: what does it take to be a fraudster? Butterworths Journal of International Banking and Financial Law, November 2011 by Ian Smith.
- The Law of Give and Take ... Bribery, Fraud and Money Laundering. Insolvency Practitioner, Autumn 2010 by Ian Smith.
Our fraud barristers are: