Civil Fraud Recovery Forensic Accountant
High Court civil fraud proceedings include proprietary claims (tracing fraudulently taken assets), personal claims (compensatory damages), knowing receipt, and dishonest assistance. Forensic accountants trace assets and quantify loss for both claim types.
Freezing injunction applications require evidence of a good arguable case, identifiable assets, and real risk of dissipation. Forensic accountants provide urgent preliminary quantum evidence and preliminary asset tracing, typically within 24-48 hours.
CPR Part 35 expert reports must comply with the expert's primary duty to the court. Fraud forensic accountants produce independent objective analysis for Chancery and Commercial Court civil fraud trials.
Frequently Asked Questions
What is the difference between proprietary and personal claims in civil fraud recovery?
A proprietary claim asserts that the claimant still owns the fraudulently taken assets, tracing them into the defendant's hands. A personal claim seeks compensatory damages for the loss suffered. Forensic accountants trace the assets for proprietary claims and quantify the loss for personal claims. Both typically run together.
How does a forensic accountant support a freezing injunction application in civil fraud?
Freezing injunction applications require evidence of: a good arguable case on the merits; identifiable assets; and a real risk of dissipation. Forensic accountants provide urgent preliminary quantum evidence (the good arguable case financial component) and preliminary asset tracing to identify assets at risk, typically within 24-48 hours.
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