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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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NEWS
The Law Society RFC Festival of Sport returns next month, bringing together legal and financial services professionals for one of the sector’s largest annual sporting events
Legal aid deserts leave almost one in four without adequate access to justice
The Solicitors Regulation Authority (SRA) has warned solicitors and law firms that using artificial intelligence does not alter their professional obligations, amid concerns over inaccurate legal material and client confidentiality
From forgotten interest claims to case-management appeals, a string of procedural developments offers useful—and occasionally cautionary—lessons for practitioners

Jonathan Fisher KC highlights that it now accounts for around 40% of criminal offences, with roughly 70% involving technology, and argues that the UK cannot simply prosecute its way out of the problem. Detection, investigation and prosecution all require improvement, while different fraud types demand tailored responses.

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