Fraud by false representation.

[Ihaterbs]

If a union refuses to fund a tribunal claim because they claimed solicitors opinion wasn't favourable. Would they fall foul of the Fraud Act 2006 if the case was never reviewed by their solicitors and they knew this??

Regards

[R0b]

Re: Fraud by false representation.

Hello,

Yes but in civil claims its called the tort of deceit. 4 ingredients needed to satisfy this criteria:
1. A false statement is made
2. the party making the statement knows it is false or is reckless as to whether it knew its truth
3. the party intends that the person should rely on the representation
4. the person relying on it does so and as a consequence suffers a loss.

[Ihaterbs]

Re: Fraud by false representation.

Thanks,

Would it also be a criminal matter?

[R0b]

Re: Fraud by false representation.

It would but the criminal standard of proof is much higher than it would be in the civil courts. And unless the CPS would be willing to take on your case, you would have to bring a private prosecution which can turn out expensive. IF you want any real recourse, your best bet is through the civil courts, provided that you can prove the above.

[Ihaterbs]

Re: Fraud by false representation.

Thanks,