Fraud by Misrepresentation - Making a Civil Claim
What is fraud by misrepresentation?
Fraud by false representation is defined as a criminal offense whereby an individual intentionally makes a false statement or representation with the intent to deceive another person. As result, the misrepresentation causes that person to suffer a financial loss or gain some financial advantage. This offense is primarily governed by the Fraud Act 2006.
The Fraud Act 2006 defines three ways in which a person my commit fraud, one of which is fraud by false representation. The key elements of fraud by false representation include:
- False Representation: The accused must make a false representation, either by words or conduct, conveying information that is untrue.
- Intent to Deceive: The individual making the false representation must do so with the intent to deceive someone else.
- Causation of Loss: The false representation must cause the victim to suffer a financial gain or loss for the perpetrator.
Fraud by misrepresentation is a serious offense and can result in criminal prosecution. The penalties for conviction can include a maximum sentence of 10 years imprisonment, fines, or both, depending on the severity of the offense.
In addition to potential criminal liability, a person who has been a victim of fraud by misrepresentation in England and Wales can also pursue a civil claim for damages. While criminal cases are brought by the state (Crown Prosecution Service) against the alleged offender, civil claims are typically initiated by the individual who suffered harm as a result of the fraudulent misrepresentation.
Making a civil claim for fraud by misrepresentation
Making a civil claim for fraud by misrepresentation in England and Wales involves several key steps, providing individuals with a means to seek compensation for the harm they have suffered due to deceptive actions.
When pursuing such a claim, it is crucial to work closely with legal professionals to ensure you obtain the best outcome on your case.
Firstly, individuals considering a civil claim should consult with a solicitor experienced in fraud cases. These legal experts can assess the merits of the case, helping claimants understand the viability of their claim and the potential outcomes.
One important aspect of a civil claim for fraud by misrepresentation is establishing the element of “false representation as to fact.”
This entails demonstrating that the accused party intentionally conveyed information that was untrue or misleading.
Legal professionals play a vital role in gathering evidence, which may include documents, communication records, or witness testimonies, to support this crucial element of the claim.
The term “representation” means any representation, whether express or implied, as defined by the Fraud Act 2006.
This legislation outlines various ways in which a person can commit fraud, including fraud by false representation.
The Act encompasses representations concerning any fact or law, including representations made in the context of financial transactions, such as credit cards.
The intent to deceive, another key component, must also be proven. This involves showcasing that the person making the representation did so with the purpose of misleading the claimant.
A skilled solicitor will construct a compelling argument based on the available evidence to establish this state of mind.
Moreover, the causation of loss is central to a successful civil claim.
Claimants need to demonstrate a direct link between the false representation and the risk of loss they have suffered, whether in the form of money or other property.
Legal professionals will work diligently to build a strong case that clearly illustrates how the fraudulent actions led to the economic harm experienced by the claimant.
Once the evidence has been gathered and the legal arguments formulated, the solicitor will assist the claimant in initiating the civil claim.
Making a claim involves filing the necessary court documents and adhering to any procedural requirements, including those specified in the Fraud Act 2006.
Throughout the litigation process, the legal team will advocate on behalf of the claimant, presenting the case persuasively before the court.
If the civil claim is successful, the court may award damages to compensate the claimant for the losses incurred due to the fraudulent misrepresentation.
It’s essential for claimants to be aware of any applicable time limitations for bringing civil claims, emphasising the importance of seeking legal advice promptly.
How our panel of solicitors can assist
We have a panel of solicitors who have dealt with many cases involving fraud by misrepresentation. They provide legal advice and representation to individuals, businesses, and organisations that have been the victims of fraud, as well as to those who have been accused of committing fraud.
Please note, we are not a firm of solicitors. We act as an introducer and will pass on your case to a solicitor on our panel. Panel firms pay fees which contribute to the running of our website and marketing. We will never charge you for passing on your case.
All of the solicitors on our panel have the experience and expertise required to take on your case. Each solicitor is vetted before being allowed onto our panel and we only select the best in the business. All of our solicitor firms are authorised and regulated by the Solicitors Regulation Authority (SRA).
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Please note, we are not a firm of solicitors; however, we maintain a panel of trusted and regulated legal experts. If you contact us in relation to a commercial law case, we will pass your case onto a panel firm in return for a fee from our panel firms. We will never charge you for passing on your case to a panel firm.