Bribery and tracing: some thorny issues
Charles Dougherty QC considers some of the tricky areas of bribery and tracing. Including consideration of recent analysis of what counts as a “bribe”, claims by third parties affected by bribery, remoteness, when accounts of profit might be available, and other questions that are yet to be considered or settled by the courts. He will analyse the “rules” of tracing including backwards tracing following Federal Republic of Brazil v Durant, as well as giving guidance on how to handle the legal and practical difficulties of tracing through foreign jurisdictions.
Charles is a leading commercial silk who specialises in commercial fraud, insurance & reinsurance and private international law. He has vast experience of dealing with high-value fraud claims, in particular claims with a multi-jurisdictional element, and of obtaining (or resisting) freezing and search orders and other interim relief. He has long been recommended as a one of the leading commercial fraud silks in Legal 500 and Chambers UK. Recent reported commercial fraud claims include the Novoship Litigation, Federal Republic of Brazil v Durant, Lemos v Lemos and BFS v Foley.