Search

How can we help?

Icon

Victim of fraud? How to identify the perpetrator

Every day companies and individuals lose money to fraudsters, who hack into email accounts and alter emails sent from companies to their customers, or send sophisticated phishing emails from fake domain names designed to dupe customers into believing they are from a trusted supplier. Often, the emails will say that bank details have been changed, and that customers should make payment of a genuine invoice into a new account, which in reality is an account controlled by the fraudster.

Once the customer has transferred the funds, the money is usually quickly transferred on or withdrawn by the fraudster, leaving the customer little opportunity to reverse the transaction and retrieve their money.

When asked to identify the individuals behind the accounts used in these scams, banks will typically refuse to help, citing confidentiality and data protection obligations. But it is possible to force a bank to disclose identity details and transaction records via court order.

A ‘Norwich Pharmacal’ order (“NPO”) is a type of court order which compels an innocent third party (often a bank) who is mixed up in wrongdoing to disclose information that will assist the victim in identifying the wrongdoer, or obtaining information which is necessary to bring a claim against the wrongdoer. To obtain an NPO, it is necessary to issue a claim against the bank or other third party holding the information, accompanied by a detailed witness statement setting out the fraud which has occurred, the information required and why it is needed. A hearing before a judge will then take place, which can be arranged at very short notice where time is of the essence.

The court has a discretion as to whether to make an NPO, and will need to be satisfied that there is clear evidence of wrongdoing, that the information requested is required by the victim and cannot be obtained any other way, and that the bank or other third party is involved in the wrongdoing and is not merely a witness to it.

When asked to identify the individuals behind the accounts used in these scams, banks will typically refuse to help, citing confidentiality and data protection obligations. But it is possible to force a bank to disclose identity details and transaction records via court order.

It is also necessary for the victim to agree to pay the bank’s costs of responding to the claim and complying with the order, and to agree to compensate the bank in the event that it suffers any loss if it later transpires that the order should not have been made.

Often, banks will take a neutral position in relation to applications for NPOs where there has been fraud i.e. they will not consent to the order sought, but will not oppose it either. An application to freeze any remaining funds in the relevant accounts can be made alongside the application for a NPO, although it may be too late to retrieve any funds if too much time has passed from the date of the fraud.

Obtaining an NPO requires some intensive work on the part of the victim and its lawyers and is not a cheap exercise; however an order can usually be obtained in a matter of days and in a large scale fraud, can be key to stopping the fraudster in their tracks and retrieving stolen funds.

About this article

Disclaimer
This information is for guidance purposes only and should not be regarded as a substitute for taking legal advice. Please refer to the full General Notices on our website.

About this article

Read, listen and watch our latest insights

art
  • 10 October 2024
  • Employment

Employment Rights Bill – the biggest changes for a generation

Today, 10 October 2024, the Government has unveiled their long-awaited Employment Rights Bill, fulfilling their election manifesto pledge to introduce major reform to workers’ rights within 100 days of government.

art
  • 10 October 2024
  • Employment

Prioritise mental health in the workplace – FAQs

Today is World Mental Health Day, and the focus this year is mental health at work.

art
  • 08 October 2024
  • Immigration

The Immigration Rules updates – October 2024

The Home Office has issued a statement of changes to the Immigration Rules, impacting UK immigration applications. Published on 10 September 2024, these changes take effect as of yesterday, 08 October 2024, with some set to be implemented in early 2025.

art
  • 08 October 2024
  • Employment

Hidden Disabilities in the Workplace: Chronic Pain

In this article we will consider guidance on how hidden disabilities can be managed in the workplace and what employers should consider specifically for employees suffering from chronic pain.

Pub
  • 08 October 2024
  • Public Procurement

Procurement Challenges under the Procurement Act 2023

Taking prompt advice is essential as unsuccessful bidders have just ten days within which to issue court proceedings if they want to benefit from the automatic suspension provided for in the Regulations, which prevents the contracting authority from awarding the contract to anyone else.

art
  • 03 October 2024

Clarkslegal receives outstanding results in Legal 500 guide

Clarkslegal thanks clients for exceptional feedback in its 2025 Legal 500 rankings. Clarkslegal is proud that Legal 500 has recognised the firm in the following areas: Construction, Litigation, Property, Corporate, Employment & Immigration.