Jurisdiction(s):
United Kingdom

Related legal acts

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...

Property, Mortgage and Registration Fraud: HMLR/Law Society Guidance, Identity Checks, Conveyancing Protocol, Key Cases and Solicitors’ Liability (England and Wales)

Published by a LexisNexis Property expert

Practice notes

Property transactions involving both private individuals and corporate entities face a heightened risk of targeting by Fraudsters, so conveyancing lawyers must remain vigilant to possible warning signs. This Practice Note reviews the fraud prevention guidance and services issued by the Law Society and HM Land Registry, together with the scope for claims against practitioners for breach of retainer and breach of trust where a transaction proves fraudulent. Each firm should operate its own policies and procedures aimed at minimising fraud risk and fulfilling all applicable regulatory duties, and these must be observed at all times.

Law Society’s practice note on property and registration fraud

The Law Society and HM Land Registry have jointly produced a practice note on property and registration fraud. It reflects the Law Society’s view of good practice; whilst solicitors are not compelled to follow the guidance, the Law Society states that doing so will assist when accounting to oversight bodies for their decisions and conduct...

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

Russell Hewitson

Northumbria University

Russell Hewitson is a solicitor and associate professor of law at Northumbria University. He is Law Society Council member for commercial property and a member of the Law Society’s Conveyancing and Land Law Committee. Russell is the Consultant Editor of Halsbury’s Laws of England Volume 23 - Conveyancing. He is general editor of Precedents for the Conveyancer, Practical Lease Precedents, and Practical Conveyancing Precedents, consultant editor of the Law Society’s Conveyancing Handbook and has written a number of other books including Conveyancing Searches and Enquiries, Licensing Law Handbook, Residential Conveyancing Practice and Business Tenancies. He is also the Practice and Precedents Editor of The Conveyancer and Property Lawyer. ...

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 ]...