Documentary Evidence – Addressing the Challenges of Too Much or Too Little Disclosure in Civil Fraud Claims

March 25, 2022 12:00pm

Ed Crosse
Partner
Simmons & Simons LLP (UK)

Audrey Byrne
Partner
McCann FitzGerald LLP (Ireland)

Glenn P. Hendrix
Chairman
Arnall Golden Gregory LLP (USA)

Clara Poglia
Partner
Schellenberg Wittmer (Switzerland)

This session will explore the evidential challenges that parties face in complex civil fraud claims. Our speakers will provide an international perspective on documentary evidence, examining the different approaches taken to disclosure & discovery in Civil and Common Law jurisdictions.

Controversially, our panel of experts will debate whether it is actually possible to pursue a civil fraud claim in a jurisdiction that doesn’t require searched-based disclosure. They will also discuss situations where there are wide-ranging disclosure obligations; and review ways to get key documents at a proportionate cost.