Obtaining evidence from parties and non-parties

The need for powerful tools to gather evidence is particularly important in fraud cases. By their nature, frauds will often involve complex acts of concealment by the fraudster both as to his underlying acts complained of and the whereabouts of any proceeds and other assets. As a result, fraud litigation tends to involve a very high focus on forcing defendants and third parties to disclose evidence. Unlike many other forms of litigation, this process of factual investigation often focuses on the period before litigation is commenced so as to avoid or reduce the risk that evidence and assets will disappear.

Introduction

A useful summary of the approach of the courts in assisting with the investigation of fraud is found in the comments of Mr Justice Hoffman (as he then was) in Arab Monetary Fund v Hashim (No 5) [1992] 2 All ER 911: