Greg Plunkett

Call 2013

plunkett@exchangechambers.co.uk

Photo of Greg Plunkett

Commercial Fraud

Greg has extensive experience in commercial fraud across all areas of commerce and industry (both in the private and public sector) pursuing all available common law and equitable remedies for deceit, fraudulent misrepresentation, breach of trust and breach of fiduciary duty against directors, partners, employees, contract counter- parties  and third party fraudsters and blackmailers. In addition, as part of his extensive practice in the field of professional negligence, Greg has dealt  with  a wide  variety of issues relating to fraud and breach of trust.

Greg is very conscious cases of this nature often require particularly sensitive handling because of the issues of confidentiality and commercial sensitivity they give rise to.

Current and recent cases

Acting for pharmaceutical company in an action for deceit to recover £2 million from a director of now liquidated English company which supplied substandard counterfeit PPE masks and filters, for onward sale to NHS, which sub- sale did not proceed when deficiencies in the products were identified. The claim has an international dimension involving investigations in China and North America.

Secured High Court injunction and anonymity/confidentiality orders for international pharmaceutical company against former employee who was seeking to extort financial gain. Underlying cause of action based on tort of intimidation and malicious falsehoods.

Acting for former trustees of pension scheme held liable in High Court proceedings for breach of trust  who were ordered to repay several million pounds. Now pursuing remedies against individuals (including IFA’s and other professionals) for deceit  and/or dishonest assistance  and/ or breach of fiduciary duty.

Acting for innocent professional services LLP which is vicariously liable for dishonesty of a former senior employee. Helping to reduce the extent of the LLP’s financial exposure and then to pursue defaulting employee, and those who dishonestly assisted him for an indemnity in respect of LLPs outlay, totalling excess of £500,000.

Advised new board of international petroleum company registered in Cayman islands in relation to the recovery of several million pounds appropriated by former directors and others . In particular  advised on Indemnity and Exculpation provisions.

Acted in claim for injunctive relief and damages for data marketing company whose data had been stolen.

Acted for defendant in High Court Chancery proceedings and successfully negotiated settlement of claim for £1 million brought by a litigation funder. The funder alleged deceit  on the basis that various defendants had colluded with each other in an earlier claim which was discontinued so as to  avoid payment of the sums expended by the funder in that earlier claim. During the course of  the substantive claim various  ancillary orders were made including Norwich Pharmacal orders.

Acted for former member of an international professional services LLP regarding misrepresentation as to plans for sale of the LLP business. Former member had been disentitled from sharing in capital proceeds following sale. Claim value: over £3,000,000. Arbitration proceedings before retired High Court Judge. Respondent capitulated on first day of hearing.

Successfully defended international businessmen following three-day civil trial involving issues of misrepresentation and deceit brought by former partner regarding land transaction in Poland.

For many years Greg acted for government NHS specialist fraud teams recovering payments from dishonest contractors and medical and dental practitioners, often with an international element (South Africa, India , Australia and Poland) necessitating freezing injunctions and search and seizure orders.