Disruptive Asset Finance

Disruptive Asset Finance Autumn 2022

Welcome back to another edition of Disruptive Asset Finance.

We continue to face uncertain economic times. It is important that businesses brace themselves for fraud in such a climate because financial pressures can lead to deceit and that increases the capacity for people to rationalise fraud and corruption. Even if they are not the primary instigator of a fraud, in a downturn more people find themselves turning a blind eye or looking the other way when it comes to behaviour that crosses the line. Of course, nothing is fool proof when it comes to fraud prevention. Fraud can happen anywhere, in any industry and any business, even with robust systems in place. However, strategies and careful risk management can deter fraud and catch any attempted fraud early. When a fraud occurs a strong legal team can help minimise losses and make recoveries.

In this edition of Disruptive Asset Finance I have provided an update in relation to the Arena Television collapse. A complex fraud case such as this will often need expert witnesses. For example: forensic accounting or handwriting experts. Louise Goodwin considers the role of the expert witness. Molly Cook considers a range of other civil remedies that may be sought against those who are discovered to be working alongside or with a fraudster. Christie Johnson looks at the role of documents in fraud cases. Finally, Peter Brewer looks at dispute resolution clauses in a contracts – reminding us that sometimes it is entirely possible to avoid litigation.

John Flint

In this edition

Arena Television: The collapse continue

Fraud takes many forms. When the word is used in everyday language usually it will be used to refer to some form of trickery or deceit creating some form of benefit to the fraudster. Read more

The role of the expert in litigation

Expert evidence is used to assist the court when the case before it involves matters on which it does not have the requisite technical or specialist knowledge. This means that the range of potential expert witness evidence is extremely broad reflecting the varied subject matter of legal disputes. Read more

Arena Television: The spread of corruption

Given the far-reaching scope and the sophistication of the fraud that is alleged in relation to the affairs of Arena TV it seems that others, beyond that of Arena’s two directors, may have been involved in the reported scam. Read more

Documentary evidence in Civil Fraud

Civil Fraud deals with claims more commonly arising from the intentional use of deception, dishonesty and or misrepresentation to bring about a gain or disadvantage to a party. Read more

Can you rely on a dispute resolution clause in a contract?

Over the last twenty years, dispute resolution clauses have become more common in contracts. A dispute resolution clause usually provides for a protocol for the active resolution of disputes prior to litigation being issued. Read more