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Civil Litigation Solicitors
Unravelling Deception: Duncan Lewis' Secures Victory in a High-Stakes Fraud Case (31 January 2024)
Date: 31/01/2024
Duncan Lewis’ Paige Evans has secured a significant victory for a client in a complex fraud case.
Working under the guidance of Litigation Director Anthony Okumah, the trainee solicitor successfully obtained a £800k fraud judgment in the County Court at Central London on behalf of the Claimant.
The Case
The defendant purported to be a successful financial advisor working at various investment banks with £3 million invested in a stocks and shares ISA. This deceitfully induced the claimant to enter into the loan agreement in the sum of £800,000 for the purpose of purchasing a property.
The loan's misuse led to the claimant's request for repayment and subsequent refusal by the defendant, prompting instruction to Duncan Lewis.
In 2022, the litigation team filed a claim, aiming to rescind the loan agreement and order return of the loan. On January 29, 2024, the Court ruled in favour of the claimant, recognising fraudulent misrepresentation and establishing a Quistclose trust for the loan's intended purpose. It is trite law that when monies are advanced for a particular purpose and it is not utilised for that purpose, a quistclose trust can arise.
The judgment awarded the claimant a substantial fraud judgment, indemnity basis costs, and an interim payment order of £90,000. Duncan Lewis is prepared to enforce both the judgment and cost order in case of default by the defendant.
This case underscores Duncan Lewis' expertise in sophisticated legal challenges and reinforces its reputation as a beacon of justice and legal excellence.
Paige Evans, a trainee solicitor at Duncan Lewis, played a crucial role with her meticulous approach and dedication to uncovering the truth were instrumental in navigating the intricacies of the fraud.
She handles an array of small to large, high profile, and multi-jurisdictional cases. Her expertise spans several practice areas, including banking and finance, debt recovery, contractual disputes, director and shareholder disputes, civil fraud, defamation, professional negligence, and international cross-border litigation. She is deeply committed to supporting her clients, ensuring they achieve the best possible results.
Paige can be contacted at PaigeE@duncanlewis.com or via telephone at 020 7923 4020.
Litigation Director Anthony Okumah is an experienced solicitor and director specialising in dispute resolution, known for his proficiency in arbitration, mediation, and litigation, especially in civil and commercial cases.
Duncan Lewis Solicitors, an award-winning law firm, is renowned for its exceptional legal services and commitment to justice. The company employs a team of highly skilled solicitors offering top-tier representation in 25 fields of law, and ranked as top tier by the Chambers and the Legal 500 legal guides, and as one of the top 250 law firms in the country by the Times. Duncan Lewis was crowned Law Firm of the Year award at the Modern Law Awards 2023, further establishing its credentials as one of the leading law firms in the UK.