THE APPROACH OF BETTER SHIELDS
Our approach is based on our knowledge, experience, and collaboration, working with forensic accountants and other experts, as well as national and overseas fraud agencies, in order to trace and recover our clients’ assets in both the UK and abroad.
There are many different legal avenues open to investors who have fallen victim to an investment scam or fraud and looking for recourse. At Better Shields, we explore each of these and carry out thorough investigations to find the best possible solution for our clients.
In most cases, legal action is taken against the company responsible for eliciting the investment by serving a winding-up petition to enforce the payment of debt. The matter goes to the Official Receiver, and then our expert investment fraud solicitors and specialist insolvency practitioners and liquidators start an investigation to recover our client’s funds, either from the company itself or against individuals responsible for the company and therefore accountable for the loss of funds.
In order to directly pursue an individual fraudster under the civil law for the repayment of funds they’ve misappropriated, there must be evidence of some kind of wrongdoing, such as misfeasance, misrepresentation or unjustified enrichment. If the investigative and prosecuting authorities have information on the fraudster, usually because they’ve got a criminal conviction, we work to get access to this data. It’s also important to keep in mind that the civil standard of proof, which only requires being proved on a balance of probabilities, is lower than the criminal standard of beyond reasonable doubt.
As well as acting for individuals and businesses, we have also acted in class actions (also known as multi-party actions), where the same fraud has been committed against many individuals. This means that an individual unable to recover funds because of the costs and time involved can have recourse by pursuing legal action as part of a group.
We take pride in building case-winning strategies tailored to the needs and budget of our clients and are expert in tracing and recovering assets in both the UK and overseas. If you require first-class, cost-efficient legal advice on investment fraud, or any other commercial dispute matter, please contact us.