Fraud is Infinite: Forgery and False Evidence in Commercial Disputes

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Allegations of fraud or dishonesty are an increasingly common feature of the modern commercial disputes landscape. In many cases – such as those involving claims for deceit – such allegations are front and centre from the outset. But in others, allegations of fraud or dishonesty arise only at a late stage, and in circumstances where no party has previously advanced any allegation of dishonesty or fraud. An example is where a party to an ordinary contractual dispute forms a well-founded suspicion that its adversary has advanced its case in reliance upon forged documents. Another is where a party has good reason to believe that a central witness has given deliberately false evidence.

Dealing with unanticipated allegations of dishonesty or fraud in commercial disputes is often difficult. The legal and strategic questions which such allegations throw up are far from straightforward. And the special ethical and procedural rules applicable to the advancement of such allegations are liable to catch out the unwary – especially those whose core areas of practice do not include civil fraud. By reference to a number of case studies, this session will consider how these challenges can be navigated.