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From Bribery to False Representation: Civil Fraud Explained
Published: Thursday, October 2, 2025
Tim Thompson
, Partner at
Kangs Solicitors
, explains
civil fraud
, and the remedies available to those who have suffered financial harm due to fraudulent misrepresentation or deceit.
Fraud is the most common offence in the United Kingdom, amounting to over 40% of all crime. The UK legal system specifically splits up each instance into either civil fraud or criminal fraud.
Both forms can involve deceit, misrepresentation, or intentional concealment of the truth to gain a dishonest advantage over another party. But they also differ significantly in several respects, including who initiates the legal action, the burden of proof required, and the potential penalties that can be imposed on the defendant.
In the recent Budget, funding was pledged to HMRC that will go some way towards investigating both civil and criminal fraud. When trying to ascertain whether a situation falls under civil fraud or criminal fraud, the below definitions are a useful point of reference:
In criminal fraud, the person alleged to be responsible is normally prosecuted by the state and, if found guilty, will be punished according to the severity of the offence, by penalties such as a fine or imprisonment.
In cases of civil fraud, the wronged party may pursue the recovery of funds or assets and seek compensation or damages. The outcome in a civil trial is determined by a judge.
Understanding these nuances can help individuals and businesses better protect their interests and navigate complex legal disputes.
For practitioners, staying abreast of developments in this area and acting in a timely manner is key to successfully defending clients or recovering lost funds.
Spotlight on civil fraud
It is important for both individuals and businesses, regardless of their size or structure, to appreciate the general nature of fraud. This helps prevent accidental involvement in fraudulent activities and recognise the signs that they are, or may potentially become, victims of both civil and criminal fraud.
Frauds derived from common law, or torts, rely heavily on ‘case law’ established from previously decided litigation, and which provides guidance for subsequent court proceedings.
In civil law, claims are pursued by the injured party through the appropriate civil court according to the nature, size and importance of the loss claimed to have occurred.
Crucially, anyone who has been a victim of fraud is able to report the matter to the police, which may lead to a criminal prosecution. In addition, the aggrieved party can pursue the appropriate remedy through a civil court. Both criminal and civil cases for the same fraud may be conducted simultaneously, although very careful consideration will be required to determine exactly how and when to proceed.
It is important for all parties to understand the different types of fraud, which are examined in more detail below.
Fraud by false representation
An action for misrepresentation may be brought when one party makes an untrue statement of fact or law which induces another party to enter into a contract that results in a loss.
There are three main types of misrepresentation:
Fraudulent misrepresentation: where a false representation has been made knowingly, or without reasonable belief in its truth or recklessly as to its truth.
Negligent misrepresentation: one which is made carelessly in breach of duty to take reasonable care owed by the one party to the other that the representation is accurate.
Innocent misrepresentation: one made which is neither fraudulent nor negligent.
The general remedies, subject to various limitations, available before a civil court are cancelling or unwinding of the contract, placing the parties in the position they were in before entering the contract, or a sum in respect of damages.
In order to convict an individual of fraud by false representation, the prosecution must prove that the defendant was acting dishonestly rather than through ignorance or making an honest mistake.
Bribery
A bribe is an advantage offered to a person with the intent of persuading them to perform a specific action, typically for financial or personal gain of the person offering the bribe.
A bribe might occur when a payment is made during a commercial transaction to an individual acting in the position of an agent, in order to influence the terms of a contract without the knowledge of the other party. In simpler terms, it is a ‘secret payment’ designed to influence an outcome without the knowledge of other interested parties.
A claimant seeking damages arising from such activity does not have to prove the dishonest nature of the bribe as this will be presumed. However, if the payment is regarded as being too small to cause any worthwhile conflict of interest, it will probably not be regarded as being sufficient to have had a significant influence.
Generally, a court will have to consider whether there is a ‘real possibility’ that the bribe amounted to a detrimental conflict of interest, which brought about the alleged damage.
For solicitors, defending bribery charges can involve negotiating with the authorities so no criminal charge is brought, entering into an immunity or plea agreement, or working with a client to mount a robust defence at trial.
Breach of fiduciary duty
A fiduciary is a person who has assumed a position with a high level of trust, and therefore created a relationship of confidence. Fiduciary duties include acting in good faith, avoiding conflicts of interest and not profiting from the privileged position.
For example, a fiduciary might be instructed to conduct a sale of property or a business, manage a portfolio of shares or negotiate a confidential contract.
A fiduciary who has profited from their breach will be liable to account for any profits they have made, regardless of whether the profits would have been made had they not breached their duty.
Where an honest fiduciary finds themselves in breach of their duties, there are two possible defences: relief from liability and fully informed consent of the principal, though these are not viable where dishonesty has been found.
Dishonest assistance
Dishonest assistance arises when a person assists or facilitates the dishonest or fraudulent act of a wrongdoer.
There must be a breach of trust or fiduciary duty by another involving a dishonest act or omission. Such dishonesty may be actual dishonesty or ‘blind eye’ dishonesty, where a person suspects a dishonest act but deliberately avoids ascertaining the true position.
A court will require strong evidence to persuade it to make a finding of fact in relation to ‘dishonesty’, given the serious nature of such an allegation.
Dealing with civil fraud
If not tackled in the right way, accusations of civil fraud can have severe consequences, impacting reputation and finances. The team at
KANGS
can simplify the complexities of the different forms of fraud.
Our Fraud litigation solicitors are experienced in navigating the complex nature of
fraud investigations
, negotiating settlements, civil claims or defend those involved in court proceedings.
If you require assistance, please do not hesitate to contact us using the details provided below.
Tel: 0333 370 4333, Email: info@kangssolicitors.co.uk
We provide initial no obligation discussion at our three offices in
London
,
Birmingham
, and
Manchester
. Alternatively, discussions can be held through video conferencing or telephone.
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Hamraj Kang
Kangs Solicitors
Country:
England, UK
Practice Area:
Criminal Fraud
Website:
kangssolicitors.co.uk
Phone Number:
020 7936 6396
Email:
hkang@kangssolicitors.co.uk
Fax:
N/A
Hamraj acts for corporate and individual clients in investigations brought by the major UK law enforcement agencies including the SFO, HMRC, FCA, NCA, CMA, CPS, BEIS, ICO, Trading Standards and a wide range of regulatory bodies. He has particular expertise in HMRC investigations and prosecutions including MTIC & VAT fraud, money laundering, tax & duty evasion and regularly conducts cases throughout the country. There are few solicitors nationally who can match Hamraj’s experience of complex multi-million pounds MTIC and VAT fraud cases as he acted in many such cases in his career. He has considerable expertise in the areas of money laundering, bribery & corruption and insider dealing, having been instructed by a number of PLCs and senior company executives on such matters. The work is often complex, multi-jurisdictional and necessitates overseas travel which has led to Hamraj working in numerous overseas jurisdictions. Hamraj advises corporate and individual clients both during and in the immediate aftermath of a dawn raid when quick, effective and incisive advice is required to protect the legal rights and reputation of the client. He has considerable experience of representing clients in interviews with all the leading law enforcement agencies including the SFO, HMRC and the NCA. He is admired for his novel tactical thinking and possesses a proven track record of guiding clients to a successful conclusion in many difficult and demanding cases. As a result of working on high profile and complex fraud cases, Hamraj’s client base is both national and international ranging from publicly listed companies to individual clients. Due to his expertise and experience in international financial crime investigations, Hamraj is also instructed in complex extradition cases often with a financial crime background involving allegations such as money laundering, wire fraud, bribery and corruption. He accepts instructions involving all jurisdictions but most notably the USA, Russia, CIS countries, India, Pakistan, Africa, the Caribbean, South America and the Far East. Civil Fraud & Asset Recovery In addition to criminal fraud, Hamraj advises in relation to civil fraud matters acting for both claimants and defendants. His clients range from large corporations to private individuals with the work often including early action and interim reliefs. The areas of work include: Cryptocurrency disputes The conduct of internal investigations on behalf of corporate clients Obtaining and responding to freezing orders Obtaining and responding to search orders Norwich Pharmacal orders Receivership orders The civil fraud and asset recovery High Court litigation for claimants and defendants includes allegations of fraudulent misrepresentation, breach of fiduciary and directors’ duties, unjust enrichment, unlawful means conspiracy, bribery, deceit, carousel/MTIC fraud, boiler room fraud and bogus investment schemes. Civil Recovery | POCA Hamraj is recognised by Chambers UK as a leading lawyer in the area of proceeds of crime and asset forfeiture, being one of only six solicitors ranked in Band 1 in the country. His work includes civil recovery proceedings under Part 5 of POCA such as Property Freezing Orders, Civil Recovery Orders and Account Freezing Orders. Hamraj is also able to advise in relation to Interim Freezing Orders and Unexplained Wealth Orders. HMRC Tax Investigations | Tax Tribunals There is often a considerable overlap between criminal and civil fraud proceedings and HMRC civil tax investigations. Hamraj regularly advises both corporate and individual clients in relation to HMRC civil tax investigations, VAT Assessments including Kittel Assessments as well as COP8 & COP9 investigations. The work includes representation before the First-tier Tax Tribunal and the Upper Tribunal in relation to VAT Assessments, Kittel VAT Notices, Direct Tax Appeals, Personal Liability Notices, Condemnation Proceedings and Excise Duty matters. Disciplinary | Regulatory | Sports Work Hamraj has represented a number of professionals facing criminal and regulatory allegations including accountants and other financial professionals, solicitors, doctors, dentists and pharmacists. He has developed an excellent understanding of the regulatory framework and codes of professional conduct governing the professions. In recent years, Hamraj has successfully represented a number of solicitors in serious criminal fraud prosecutions and achieved their acquittal which has resulted in a successful outcome in associated SRA disciplinary proceedings. Hamraj has represented many individuals from the sporting world (mainly football, cricket, horse racing and boxing) and is regularly instructed by a number of Premier League and Championship Football Clubs. Serious Criminal Work Hamraj also undertakes serious criminal work such as historic sexual allegations, murder, corporate manslaughter, drugs offences and serious driving offences, having acted in many high-profile cases of this nature. Clients include football clubs, members of the professions, company executives and public figures from the world of entertainment, politics, media and sport. Hamraj places the issues of confidentiality, privacy and reputation management at the forefront of his strategy when conducting cases. Matters are dealt with the utmost sensitivity and complete discretion. He always adopts a strong and proactive approach to investigations with the overriding objective to bring each matter to a successful and swift conclusion, and where possible, to avoid court proceedings and any adverse publicity for his client.
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