Litigators Add Value
Last month the Football Association asked litigation lawyers to investigate the facts of the Sven Goran Eriksson affair and to provide them with an independent report on whether or not he had deliberately lied to them.
The Jockey Club has very recently investigated allegation of race fixing against 3 jockeys.
And, 38% of UK small businesses questioned have identified fraud both internal and external, as a bigger threat to business than burglary. The issue is what to do about it.
If internal fraud is discovered there is an understandable tendency for Directors to involve the police immediately. This may lead to employment claims for discrimination or constructive dismissal. External fraud in the guise of a contract or investment arrangement which is not to be missed, can lead to liquidation. Increasingly, directors who want to control the risks posed by fraud are using the skills offered by litigation lawyers. Their expertise is to collect evidence, analyse it, and present it in a clear way.
It's another example of the evolving nature of litigation. The aim is to identify the risks facing our client, identify problems and create commercially sensible solutions.
September 2004
