legal articles UK

Legal Articles - UK

When witness training becomes tampering with evidence

How far can witnesses be helped to understand complex disputes? Guidelines exist to ensure lawyers do not cross the line between 'familiarising' and coaching, writes Julian Clark.

As commercial disputes become more and more complex and the values of claims increase, parties are increasingly looking for ways in which to gain a tactical advantage while still staying within the rule of law.

One way in which parties have increasingly sought to protect their position in the uncertainties of trial is by providing witness training to both their witnesses of fact and experts, especially in circumstances where a witnesses is due to give evidence for the first time. (Read more...)

Asset tracing: getting evidence and injunctive relief

This article examines the wide-ranging powers of the English court (outside of the 1986 Act) to assist IPs seeking to trace and secure assets. Key among these are the ability to grant:

freezing orders on a domestic or worldwide basis
proprietary injunctions to preserve relevant property
search orders
third party disclosure orders.

AUGUST 2006: The Court of Appeal has recently laid down guidelines on how the English Court should exercise its discretion when hearing an application for permission to enforce a Worldwide Freezing Order in a foreign jurisdiction. (Read more...)

Professional Liabilities in Fraud Claims

MARCH 2006: Victims of fraud have extensive legal rights to help them recover assets taken by the fraudster, and to sue him for damages. But sometimes, these are not enough. The proceeds of fraud are as often dissipated as saved, leaving the victim with insufficient remedy. In these circumstances, he may look for a "deep pocket", who has been involved in the fraudulent transaction in such a way as to expose himself to liability. (Read more...)

Keeping documents to yourself after Three Rivers

2005: Directors and in-house counsel should reconsider how they communicate with each other and external advisers in the light of the recent House of Lords decision in Three Rivers D.C v The Bank of England (No. 5).

The decision reconfirms that under English law, "legal advice privilege" can protect relevant documentary communications from having to be disclosed in unanticipated legal proceedings later on, provided that they were made for the purpose of giving or getting legal advice. (Read more...)

Fraud and Recovery Overseas

SEPTEMBER 2001: How can a victim of fraud recover assets that have been transferred to another EU or European Free Trade Association (EFTA) state? Simon Congdon, a partner at Holman Fenwick & Willan, explains the enforcement of domestic judgements under the Brussels and Lugano Conventions. (Read more...)

Compliance Obligations in Fraud Investigation

AUGUST 2001: There is a raft of compliance obligations of which those involved in the investigation of fraud need to be aware. These include the Regulation of Investigatory Powers Act 2000 (the RIP Act), the Data Protection Act 1998 and the Computer Misuse Act 1990. The Human Rights Act 1998 (which incorporates the European Convention on Human Rights into English law) spells out rights such as the right to a fair trial (Article 6) and the right to respect for private and family life (Article 8). The Human Rights Act 1998 impacts on the grant of freezing, disclosure and search orders, the scope of such orders and the safeguards for defendants incorporated in such orders. Additionally, those involved in fraud investigation need always to ensure that any evidence secured during the investigation is admissible (whether in civil or criminal proceedings) and that, in the case of investigations within an organisation, any relevant employment policies are complied with during the investigation process. (Read more...)

The views expressed in these articles are those of the authors thereof and do not necessarily depict the view of Fraud Investigator and it’s staff