Question to the Ministry of Justice:

To ask the Secretary of State for Justice, if she will review (a) legal protections for victims of fraud in civil courts and (b) the effectiveness of those protections against defendants who do not engage with court.

A range of legal protections are available for victims of fraud in the civil courts. These include the ability to bring claims for misrepresentation, fraudulent representation/deceit, unlawful means conspiracy, unjust enrichment, dishonest assistance, knowing receipt, breach of trust, breach of contract, breach of fiduciary duty and misappropriation of funds.

Where defendants do not engage with the court, a range of options are available to claimants. These include the ability to apply to the court for a freezing order, which may also be served on a third party to prevent assets being dissipated. Claimants can also seek an order for defendants to attend court to provide information to assist enforcement, or a receivership order to manage the respondent’s assets. Committal proceedings can be initiated for deliberate breaches of an injunction.

The Government has asked Jonathan Fisher KC to undertake work on Part Two of the Independent Review of Disclosure and Fraud Offences. The terms of reference for this review include considering whether there should be a greater role for civil penalties in tackling fraud committed against individuals and businesses. This review has been asked to report by December 2025 and the Government will respond thereafter.