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Commercial Litigation Services





Commercial Fraud Solicitors

What is commercial fraud?

At its heart, commercial fraud is the misrepresentation by a business or individual to receive a gain from another party that they would not otherwise have received.

It can be treated as a criminal or civil matter depending on the nature of the fraud, and can therefore be punishable by imprisonment.

Several scenarios fall under the umbrella of commercial fraud, but the common denominator is typically dishonesty during a business transaction.

Some examples include:

  • Offering misleading information on accounts during the sale of a business to attract higher bids
  • Misrepresenting financial figures to secure investment or interest in shares
  • Assuming the identity of another business for commercial or personal gain
  • Moving assets between businesses
  • Misselling or false advertising of a product to secure product interest and sales

The most common form of commercial fraud is fraud by deceit. For a case to be successful, there must be loss or damage to one of the parties.

In an extremely simplistic example, a business looking for a buyer might hide outstanding debts to make it look more financially secure, and a more worthy investment for potential buyers. If the seller doesn’t disclose these debts when asked, and goes through with the purchase of the business, the buyer could have committed fraud by deceit.

In reality, there are many other factors that are taken into account, which is why it’s important to seek legal advice.

How can you make or defend against a claim of commercial fraud?

Commercial fraud claims are difficult to prove, and as with any strong civil or criminal defence case, the likelihood of a claim being successful or dismissed lays with the strength of any evidence.

In these situations, it’s critical that you speak to a solicitor to understand whether the claim has any chance of success.

Failing to take action now allows any potential claimant to build a stronger case, or defendant to build a more robust defence.

How much will it cost to resolve a commercial fraud claim?

Each case is different, which is why we offer an untimed initial consultation priced at £108 including VAT at which stage your solicitor will offer an estimate of:

  • How long they expect it will take to achieve your desired outcome
  • How much you can expect to pay
  • The work that is involved, for example drafting and sending a letter before action, going through mediation or filing the case at court

Should you choose to instruct our firm, we will write to you confirming our fee estimate.

If your case needs to be referred to a court, there may be additional administration fees (printing, bundle assembly and postage), as well as any relevant court fees payable to the court.

Depending on the severity of the claim, there may be significant additional costings to receive expert witness reports regardless of whether you are defending or making a claim for commercial fraud.

How long does it normally take to resolve a claim for commercial fraud?

There is no set length of time it takes to resolve a claim for commercial fraud. Some claims can be resolved in months, while others can take years.

For cases that proceed to the County, High or Crown Court, this will depend on the court’s availability and can take anything from 1 to 5 years from start to finish.

Key stages involved in a commercial fraud claim

Depending on your matter, a typical case would involve:

  1. Initial consultation to understand your matter
  2. Review of the claim or situation and deciding whether there is a case for commercial fraud
  3. Advising on the claim and any evidence that is required

And then as a claimant:

  1. Drafting and sending a letter before action to the other side outlining your claim and position
  2. Dealing with the response, if any
  3. Drafting and finalising your particulars of claim
  4. Issuing your claim at the court
  5. Dealing with the defence from the other side
  6. Progressing through the standard litigation court process
  7. Settling the claim out of court or going to trial if no settlement can be reached
  8. Enforcing the judgement if it’s in your favour or appealing any decision if unsuccessful, if there is reason to believe this would be successful

Or as a defendant:

  1. Dealing with any letters from HMRC and providing any information requested
  2. Calling in the help of expert witnesses to build your defence
  3. Dealing with the findings of HMRC’s investigation
  4. Attending any criminal court hearings
  5. Dealing with the outcome of the claim or appealing the outcome if appropriate

How Can Our Commercial Fraud Solicitors Help?

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Meet Your Commercial Fraud Team

Commercial Fraud Solicitors in Brighton 

Solicitors in Brighton Paul

Paul Britton

Head of Litigation, Solicitor Director

Solicitors in Brighton Joe

Joseph Navas


Solicitors in Brighton Rory

Rory Lindsay


6 Reasons to Choose Britton and Time’s…

Commercial Fraud Solicitors

Britton and Time is proudly regulated by the Solicitors Regulation Authority and our solicitors believe in offering no nonsense, common sense advice with up-front pricing. We do this through our 6-point service guarantee:


We will offer fixed fees where possible, and if not, we will state clearly what your case is estimated to cost, alongside hourly rate options so you can judge what works for you


We will inform you when we know there will be third party costs to be paid. If additional third party payments are required, we will always seek your approval first


We will let you know how long your case will take, what delays you can expect, and our solicitors will always reply to you in a timely manner


We bill every month, with detailed accounts of what you are being charged for. Our solicitors are happy to discuss if you have any questions about your bill.


Before work starts, we will tell you what work needs to be done to reach the best outcome for you, and what your options are once you reach that point


We never take on cases we do not feel we can do justice and if your case does not need a solicitor, we will tell you just that and advise you what your options are

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