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21 April 2021 / George Sim
Issue: 7929 / Categories: Features , Profession , Expert Witness
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Financial information: digging below the surface

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George Sim examines the importance of financial information in claims and disputes
  • Information on the financial affairs of a business is important in many types of legal action.
  • The information which is potentially available extends beyond the financial statements.

Information on the financial affairs of a business is important in many types of legal action. Such situations include loss of earnings or loss of profits claims, and cases in which valuations are necessary—for example shareholder disputes and matrimonial settlements. Consideration of a business’s turnover, cash flow and profits is often important in fraud cases and confiscation proceedings.

Financial statements

Unincorporated businesses are not generally required to make their financial statements publicly available, and the basic financial statements which many smaller companies file at Companies House are of limited value to anyone seeking to analyse a company’s financial position and prospects, as they may consist of little more than a balance sheet and very restricted notes.

It is clearly essential, therefore, to obtain a copy of a company’s

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MOVERS & SHAKERS

Walkers—Muriel Marseille

Walkers—Muriel Marseille

Ashurst's Chief Risk Officer joins Walkers

Excello Law—John Osborne

Excello Law—John Osborne

Northern family lawyer John Osborne joins Excello

mfg Solicitors—Rebecca Rogers, Kennedy Langley & Victoria Griffiths

mfg Solicitors—Rebecca Rogers, Kennedy Langley & Victoria Griffiths

Trio of promotions announced at Kidderminster law firm mfg Solicitors

NEWS
A sole director can conspire with their own company for the purposes of the tort of unlawful means conspiracy, the High Court has ruled in a judgment with potentially wide implications for business disputes
The Court of Appeal has reinforced that domicile depends on intention rather than residence alone, in a significant post-Brexit ruling on cross-border financial remedy claims
The Chancery Division's long history comes to an end this autumn as it is reborn as the Business and Property Division, prompting questions over whether the shake-up is really necessary
The Financial Conduct Authority (FCA) continues to show that failing to disclose regulatory issues can attract harsher consequences than the original misconduct itself
Rejecting a generous settlement can prove an expensive mistake, as two recent high-profile cases demonstrate
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