Obtaining favourable recovery orders and the payment of compensation

There are a number of steps you can take to obtain recovery orders and the payment of compensation, depending upon the evidence and the legal claims. This will require the assistance of a solicitor and other members of the recovery team. Steps may include:

 

• Ensuring the fraudster’s compliance with any freezing order obtained;

• Making an application for a summary judgment (an abbreviated form of court proceedings) on the basis of the documents obtained (where appropriate);

• Taking the proceedings to a full civil trial (involving lawyers presenting the legal case and facts to the court, including the presence of witnesses and other evidence), where the victim’s case will need to satisfy the civil burden of proof;

• Seeking to satisfy any recovery orders obtained from the fraudster’s frozen assets – additionally, enforcement may take place against other assets located; and

• In some cases the fraudster may seek a negotiated settlement – this can be sought directly between the parties themselves or facilitated through an independent mediator.