Civil & Commercial Litigation

Pre-Action Advice

Samuel Okoronkwo Jr

Counsel Advises on Recruitment Misidentification and Loss of Opportunity

Facts

In early 2023, the client was approached for a six-month interim role with a financial institution via a recruitment agency. Following interview and conditional offer, onboarding checks conducted by a subcontracted screening company returned a failed fraud check. The fraud prevention service later confirmed no data linked to the client, attributing the result to a similar name and date of birth. Although the error was acknowledged and the decision overturned, the role had already been offered to another candidate. The client had also accepted a reduced rate under pressure and now seeks compensation for the lost opportunity.

Issues

Whether the recruitment agency and/or end client owed a duty of care during the onboarding process; whether causation and quantifiable loss could be established; whether the misidentification constituted actionable negligence or breach of data protection; and whether any contractual or quasi-contractual obligations arose prior to withdrawal.

Advice and Solution

Counsel reviewed key correspondence and supporting documentation, identified potential heads of claim, and clarified evidential thresholds for pre-action engagement. A structured consultation was arranged to assess liability, loss, and strategic options for regulatory complaint or civil recovery.

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