Investigations-Find the evidence you need
At Black Cairn we have dealt with a variety of cases requiring in depth investigations. From serious 7 figure fraud to cheating spouses in divorce disputes. We look at an individual strategy for each case and execute quickly and efficiently
Phoenixing
Fraudsters frequently use phoenixing—liquidating one company and setting up another with the same assets, people, and operations—to evade liabilities. UK law enforcement, especially local police forces, often treat fraud as a low-priority, civil issue rather than a criminal matter.
Strengthening
Cases
- Tracing Beneficial Owners & Directors: Even if companies are liquidated, personal liability can sometimes be established, especially if fraud or misrepresentation is proven.
- Gathering Financial Evidence: Look for bank statements, transactions, and fund flows that show fraudulent intent (e.g., using new investor funds to pay old investors).
- Highlighting Patterns of Deception: If the same directors are involved in multiple failed ventures, this can help build a case under Section 993 of the Companies Act 2006 (fraudulent trading).
- Misrepresentation & False Promises: If victims were promised returns that were unrealistic or false, this strengthens potential Fraud Act 2006
Civil Asset Recovery
Strategies
- Director’s Personal Liability: While limited liability protects directors in most cases, fraudulent trading (Insolvency Act 1986, Section 213) and wrongful trading (Section 214) can allow courts to pierce the corporate veil.
- Freezing Orders & Asset Tracing: High Court freezing injunctions can prevent fraudsters from moving assets before they disappear.
- Unjust Enrichment & Constructive Trusts: If stolen money can be traced into personal assets (e.g., real estate, luxury cars), claimants can argue for the return of funds under equitable remedies.
Get the support & expertise you need
You want a team with a clear strategy and tried and tested means to get your desired conclusion. Get in touch now.
Contact us today
You want a team with a clear strategy and tried and tested means to get your desired conclusion. Get in touch now.