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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

Jurit LLP—Caroline Williams

Jurit LLP—Caroline Williams

Private wealth and tax team welcomes cross-border specialist as consultant

HFW—Simon Petch

HFW—Simon Petch

Global shipping practice expands with experienced ship finance partner hire

Freeths—Richard Lockhart

Freeths—Richard Lockhart

Infrastructure specialist joins as partner in Glasgow office

NEWS
Talk of a reserved ‘Welsh seat’ on the Supreme Court is misplaced. In NLJ this week, Professor Graham Zellick KC explains that the Constitutional Reform Act treats ‘England and Wales’ as one jurisdiction, with no statutory Welsh slot
The government’s plan to curb jury trials has sparked ‘jury furore’. Writing in NLJ this week, David Locke, partner at Hill Dickinson, says the rationale is ‘grossly inadequate’
A year after the $1.5bn Bybit heist, crypto fraud is booming—but so is recovery. Writing in NLJ this week, Neil Holloway, founder and CEO of M2 Recovery, warns that scams hit at least $14bn in 2025, fuelled by ‘pig butchering’ cons and AI deepfakes
After Woodcock confirmed no general duty to warn, debate turns to the criminal law. Writing in NLJ this week, Charles Davey of The Barrister Group urges revival of misprision or a modern equivalent
Family courts are tightening control of expert evidence. Writing in NLJ this week, Dr Chris Pamplin says there is ‘no automatic right’ to call experts; attendance must be ‘necessary in the interests of justice’ under FPR Pt 25
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