Jurisdiction(s):
United Kingdom

Key definition

Fraud definition

What does Fraud mean? Fraud describes dishonest conduct intended to secure a gain or cause a loss, usually through deception, and arises in criminal prosecutions, civil claims (deceit and fraudulent misrepresentation) and regulatory enforcement. In England and Wales and Northern Ireland, the Fraud Act 2006 creates a single offence of fraud (section 1), committed by dishonestly: (a) making a false representation (to a person, system or device); (b) failing to disclose information when under a legal duty to disclose; or (c) abusing a position. In each case there must be an intention to make a gain or to cause loss or risk...

Pleading civil fraud and dishonesty under the CPR: particulars, inference, admissibility, and strike-out risks (England and Wales)

Published by a LexisNexis Dispute Resolution expert

Practice notes

This Practice Note on civil Fraud claims

This Practice Note on civil fraud claims examines the particular pleading demands and issues when preparing your Particulars of claim alleging fraud and/or Dishonesty. For early-stage steps when a client first suspects they may have a civil-fraud based claim, see Practice Note: Starting a civil fraud claim—a practical guide. For an overview of the various causes of action available in civil fraud, see Practice Note: Civil fraud—heads of claim. For broader direction on drafting particulars of claim, see Practice Note: Drafting the particulars of claim. This Practice Note also explains how the relevant provisions of the CPR should be interpreted and applied.

Depending on the court in which proceedings are brought, additional Requirements may apply—see the section Court specific guidance below. The following succinctly captures the approach required when pleading fraud: this is a fraud case; Jinxin must set out its allegations in a formal statement of case. It is those pleaded allegations, and not different or new ones, that the Trial Defendants are called upon to meet at trial. Jinxin assumes the burden of proving what it pleads. The applicable standard is the balance of probabilities, but...

To view the latest version of this document and thousands of others like it, sign-in with LexisNexis or register for a free trial.

Web page updated on 21/05/2026

Popular documents

Using the Judicial College Guidelines to assess general damages in personal injury claims

When evaluating a general damages claim, the practitioner ought initially to refer to the Judicial College Guidelines (JCG)...

Tomlin orders in England and Wales: CPR guidance on drafting, confidentiality, approval, variation, enforcement, limitation, CCA issues, court-specific requirements, sample wording and precedents

This Practice Note This Practice Note reviews mechanisms used in settling litigation. A Tomlin order consists of a consent order paired with a schedule. It operates to stay proceedings on terms that have been agreed. The provisions contained in the schedule may remain confidential. This Practice Note describes the scope of confidentiality attaching to the schedule and sets out how it differs from a standard consent order. Sample wording for a Tomlin order is included, alongside links to precedents, as well as guidance on court approval. It also addresses varying, setting aside and enforcing a Tomlin order, including the considerations the court will take into account when handling applications for each. Further guidance is provided on interpreting and applying the relevant provisions of the CPR; however, some courts and divisions impose very specific requirements for both drafting and approval, and for approaching the schedule and confidentiality issues. Accordingly, you must consider the particular rules and court guide provisions in the forum where your claim is proceeding when drawing up the Tomlin order...

Precedent: Deed of Surrender of Lease with Optional Premium, Settlement and Release, Landlord, Mortgagee and Guarantor Consents, Reimbursement and HM Land Registry Provisions (England and Wales)

Date [ date ] Parties [ name of Landlord ] [ of OR incorporated in England and Wales (company registration number [ number ]) with its registered office at ] [ address ] (Landlord) [ name of Tenant ] [ of OR incorporated in England and Wales (company registration number [ number ]) with its registered office at ] [ address ] (Tenant) [ [ name of Guarantor ] [ of OR incorporated in England and Wales (company registration number [ number ]) with its registered office at ] [ address ] (Guarantor) ] [ [ name of Mortgagee ] [ of OR incorporated in England and Wales (company registration number [ number ]) with its registered office at ] [ address ] (Mortgagee) ] Definitions Within this Deed, the terms below shall be interpreted as follows: [ Annual Rent • the annual sum reserved under the Lease; ] [ Insurance Rent • the Tenant’s share of the Landlord’s costs of insuring the Property (as set out in the Lease); ] Lease • the lease of the Property dated [ date ], entered into between (1) [ the Landlord OR [ name ...

Precedent Statutory Declaration: Standard Wording under the Statutory Declarations Act 1835

I, [ name ], of [ address ], solemnly and sincerely state that: [ Matters to be verified, set out in numbered paragraphs ] I make this solemn statement in good conscience, believing it to be true, and pursuant to the provisions of the Statutory Declarations Act 1835. DECLARED at [ details ] this [ day ] day of [ month and year ] Before me ................................................................................ [ signature of the person before whom the declaration is made ] A [ commissioner for oaths OR [ solicitor OR [ insert other qualification ] ] authorised to administer oaths ]...