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When the tide goes out: Fraud & corporate wrongdoing in the wake of a predicted economic crisis

27 October 2020 / Simon Farrell KC , Joe Edwards
Issue: 7908 / Categories: Features , Covid-19 , Commercial , Fraud
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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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Lawyers’ liability practice strengthened with partner appointment in London

NEWS
Ceri Morgan, knowledge counsel at Herbert Smith Freehills Kramer LLP, analyses the Supreme Court’s landmark decision in Johnson v FirstRand Bank Ltd, which reshapes the law of fiduciary relationships and common law bribery
The boundaries of media access in family law are scrutinised by Nicholas Dobson in NLJ this week
Reflecting on personal experience, Professor Graham Zellick KC, Senior Master of the Bench and former Reader of the Middle Temple, questions the unchecked power of parliamentary privilege
Geoff Dover, managing director at Heirloom Fair Legal, sets out a blueprint for ethical litigation funding in the wake of high-profile law firm collapses
James Grice, head of innovation and AI at Lawfront, explores how artificial intelligence is transforming the legal sector
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