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05 February 2009 / Simon Taylor , Andrew Mitchell KC
Issue: 7355 / Categories: Features , Commercial
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The fraud litigation spiral

An economy in decline means increased fraud detection say Andrew Mitchell QC & Simon Taylor

In our current dire economic circumstances, the usual diet of commercial lawyers—high levels of transactional work, property deals, mergers and acquisitions—are seeing a downturn in the level and quality of the work undertaken. Equally, because of the strained finances of clients, fee levels tend to be lower than at other times.

There is, however, one area of the law where practitioners tend to experience work levels that are counter-cyclical. In fraud and asset recovery litigation, the experience is that work levels rise during periods of economic downturn. The reasons for this are largely self-explanatory: as business or individuals “go to the wall” or approach that point, attention necessarily is focussed on the reason for the failure. Creditors, and others having an interest in a business or an individual, will wish to know the reasons why it is that they cannot or may not be able to recover their money.

This interest is all the more keenly felt when the continued existence of other businesses or

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MOVERS & SHAKERS

Gateley Legal—Jack Kelly

Gateley Legal—Jack Kelly

Gateley Legal expands Midlands residential development team

Gibson Dunn—Richard Surtees

Gibson Dunn—Richard Surtees

Gibson Dunn adds employee benefits and executive compensation practice in London with partner Richard Surtees

Laytons ETL—Alec Cameron

Laytons ETL—Alec Cameron

Laytons ETL appoints new partner and head of intellectual property disputes

NEWS
A series of recent decisions has clarified important principles across property law, from perpetuities to lease renewals and public rights over land
Employers cannot rely on wellbeing services alone to defend workplace stress claims after a High Court decision awarding almost £1m to an overworked employee
Andy Burnham's brand of 'Manchesterism' could offer fresh thinking on legal aid and access to justice if it reaches Westminster, according to Roger Smith, NLJ columnist and former director of JUSTICE
The constitutional fallout from a change of prime minister, rather than the politics, is under scrutiny as questions arise over the limits of executive authority in a leadership transition
The legal profession is undergoing a fundamental shift from selling services to creating technology-enabled products, according to Professor Luke Mason, Head of School of Law at Regent's University London
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