header-logo header-logo

Third-party information orders: a new gateway to action?

16 June 2023 / Sophia Purkis
Issue: 8029 / Categories: Features , Profession , Disclosure , Fraud , International
printer mail-detail
126367
Sophia Purkis examines the enforcement of Bankers Trust orders on overseas banks in light of the new gateway for third-party information orders
  • Recent cases have highlighted the applicable tests for obtaining disclosure orders against overseas banks, and the usefulness of the new gateway.
  • More cases will likely be brought once the new gateway is introduced.

Fraud and asset tracing are now commonly cross-jurisdictional, with money being moved swiftly between bank accounts and across countries in attempts to evade detection and enforcement. Recent cases have shed light upon the applicable tests for obtaining disclosure orders (Bankers Trust orders) against foreign banks and also demonstrated the usefulness of the new gateway relating to third-party information orders introduced in October 2022 at para 3.1(25) of CPR PD 6B, facilitating the same.

Kyriakou v Christie Manson & Woods Ltd and others [2017] EWHC 487 (QB) sets out the criteria for making a Bankers Trust order.They are that: there are good grounds for concluding that the property

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

DWF—19 appointments

DWF—19 appointments

Belfast team bolstered by three senior hires and 16 further appointments

Cadwalader—Andro Atlaga

Cadwalader—Andro Atlaga

Firm strengthens leveraged finance team with London partner hire

Knights—Ella Dodgson & Rebecca Laffan

Knights—Ella Dodgson & Rebecca Laffan

Double hire marks launch of family team in Leeds

NEWS
Bea Rossetto of the National Pro Bono Centre makes the case for ‘General Practice Pro Bono’—using core legal skills to deliver life-changing support, without the need for niche expertise—in this week's NLJ
Charlie Mercer and Astrid Gillam of Stewarts crunch the numbers on civil fraud claims in the English courts, in this week's NLJ. New data shows civil fraud claims rising steadily since 2014, with the King’s Bench Division overtaking the Commercial Court as the forum of choice for lower-value disputes
Artificial intelligence may be revolutionising the law, but its misuse could wreck cases and careers, warns Clare Arthurs of Penningtons Manches Cooper in this week's NLJ
Small law firms want to embrace technology but feel lost in a maze of jargon, costs and compliance fears, writes Aisling O’Connell of the Solicitors Regulation Authority in this week's NLJ
Writing in NLJ this week, Victoria Rylatt and Robyn Laye of Anthony Gold Solicitors examine recent international relocation cases where allegations of domestic abuse shaped outcomes
back-to-top-scroll