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16 June 2023 / Sophia Purkis
Issue: 8029 / Categories: Features , Profession , Disclosure , Fraud , International
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Third-party information orders: a new gateway to action?

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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

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NEWS
The Law Society RFC Festival of Sport returns next month, bringing together legal and financial services professionals for one of the sector’s largest annual sporting events
Legal aid deserts leave almost one in four without adequate access to justice
The Solicitors Regulation Authority (SRA) has warned solicitors and law firms that using artificial intelligence does not alter their professional obligations, amid concerns over inaccurate legal material and client confidentiality
From forgotten interest claims to case-management appeals, a string of procedural developments offers useful—and occasionally cautionary—lessons for practitioners

Jonathan Fisher KC highlights that it now accounts for around 40% of criminal offences, with roughly 70% involving technology, and argues that the UK cannot simply prosecute its way out of the problem. Detection, investigation and prosecution all require improvement, while different fraud types demand tailored responses.

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