An economy in recession has resulted not only in increased levels of fraud, but also greater incidents of fraud being discovered. If a company is the victim of fraud there are two ways to deal with it. The first, and most obvious, option is to report the fraud to the Police. An alternative, and probably better route for a victim who wishes to recover the money lost, should be to pursue the perpetrators of fraud through the civil courts. This case arose out of the purchase in 2001 by 4Eng Ltd of Excel Engineering from the Defendants, Harper and Simpson. Using accountants and lawyers the directors of 4Eng carried out due diligence in relation to Excel and the Share Sale and Purchase Agreement contained the usual commercial warranties in relation to Excel. The Police obtained restraint orders over the assets of the Defendants.
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