More than just the numbers: S&W builds its forensic services practice

Chris Osborne joined S&W as Partner and joint Head of its forensic services team this week. He brings over two decades of experience with disputes, and fraud, bribery and corruption investigations.  

Over his career, Osborne has led departments, grown practices, and worked with the Serious Fraud Office, as well as with the FSA on its first ever prosecution for insider trading. He’s also often an expert witness in court and arbitral hearings. As he explains, a lot’s changed over two decades, but human weaknesses and insights remain at the centre of the role.  

I studied law at university but wanted to do something financially related as well. Forensic accounting was a relatively new industry, and much of the work is in the context of legal proceedings. So. it ticked those boxes, as well as providing an opportunity to travel and work in a dynamic sector.   

The growing profile and demand for forensic services also meant I’ve been involved in building out practices that were growing rapidly. The opportunity to continue doing that with S&W, which has already seen significant growth, is one of the reasons I was so keen to work with the firm.  

I’ve also always been active across both investigations and disputes. Whether it’s an investigation on behalf of a listed company whose shares are suspended or engaged on an arbitration in Dubai, they’re both fascinating in their own ways. 

Many of the skills are the same across disputes and investigations. They both require technical expertise and knowledge, but there’s usually a human story when it comes to fraud, bribery and corruption, too. Understanding the human psyche, as much as anything else, is key to the job.  

That’s partly why, for all the developments like AI and other technology, the core of the job remains the same. Frauds and deceptions have been around for centuries, and there’s always a strong human element to it, regardless of the associated technology. 

It’s an evolution rather than a revolution. For example, the forensic technology we use has had a form of AI embedded in it for more than a decade with functions such as technology-assisted document review. The developments are bringing some changes, though.   

First, it’s saving time and costs for clients. Cases often involve sifting massive amounts of data. The technology is continually improving efficiency for clients by helping us review, analyse and summarise that information more quickly and accurately. It means we can focus more of our time on that crucial human and expert element in disputes and investigations.   

The other area that could have a significant impact on clients is in  saw the start of a new pilot scheme in the Commercial Court. This gives wider access to witness statements, expert reports and other documents used in some civil proceedings. While positive for open justice, and with a possibility to redact or withhold documents for confidential or commercially sensitive information, it could still pose some significant questions for clients. 

Serious consideration will need to be given by clients and their lawyers as to whether they will want certain documents disclosed into the public domain.  

More generally, though, expert witness work remains a true test of what we do: When it's robustly tested by a tribunal, other forensic experts and opposing counsel, the quality of the work and the experience behind it are vital.