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27 October 2020 / Simon Farrell KC , Joe Edwards
Issue: 7908 / Categories: Features , Covid-19 , Commercial , Fraud
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When the tide goes out: Fraud & corporate wrongdoing in the wake of a predicted economic crisis

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Simon Farrell QC & Joe Edwards discuss fraud & corporate wrongdoing in the wake of a predicted economic crisis

In brief

  • Debt bubbles.
  • A wave of both civil and criminal litigation.
  • Statutory powers and cans of litigious worms.

As Warren Buffet once famously said ‘you only discover who has been swimming naked when the tide goes out’. This was a reference to those exposed in the face of an economic crash. The phrase has often also been used more precisely to refer to those caught out and brought to book either in the criminal and/or the civil courts after a severe economic downturn.

World debt levels have risen inexorably since the 2008 crisis and rose across all sectors by over $10trn in 2019 to $255trn. This was before the COVID crisis. Global debt now stands at 322% of global GDP and is $87trn higher than at the onset of the 2008 financial crisis.

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MOVERS & SHAKERS

Flint Bishop—Charlotte Harris

Flint Bishop—Charlotte Harris

Sheffield expansion continues with appointment of commercial property partner

Browne Jacobson—Paul Duggan

Browne Jacobson—Paul Duggan

Browne Jacobson strengthens banking and finance practice with latest partner appointment Paul Duggan

Ward Hadaway—Chris Piggott

Ward Hadaway—Chris Piggott

Employment partner joins Ward Hadaway

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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