Disclosure of documents in fraud claims – cross-jurisdictional approaches

Jon Malik (+44 20 7825 4809, jon.malik@simmons-simmons.com) and Ben Boddington (+44 20 7825 4654, benjamin.boddington@simmons-simmons.com)are London-based lawyers in Simmons & Simmons’ Disputes Resolution team. They frequently advise on both civil and criminal fraud proceedings. Contributions were also made byAudrey Byrne (+353 1 611 9125, audrey.byrne@mccannfitzgerald.com) and Edwina Kelly (edwina.kelly@mccannfitzgerald.com) from McCann FitzGerald (Ireland), Clara Poglia (+41 22 707 8000, clara.poglia@swlegal.ch) and Arnaud Hoffer (+41 22 707 8045, arnaud.hoffer@swlegal.ch) from Schellenberg Wittmer (Switzerland) and Glenn Hendrix (+1 404 873 8692, glenn.hendrix@agg.com) from Arnall Golden Gregory (United States).

Documentary evidence is at the heart of complex fraud cases, which often transcend national borders. But while it is frequently assumed that approaches to disclosure will be broadly similar, there can be significant differences between countries’ legal regimes. Jon Malik and Ben Boddington of Simmons & Simmons discuss these challenges in cross-border civil fraud disputes and also ask – how much is too much or too little disclosure?