header-logo header-logo

International fraud prompts fast action on jurisdiction

181424
Christian Tuddenham & Tracey Lattimer highlight the English courts’ pragmatic approach to third-party disclosure
  • Covers jurisdiction issues and third-party disclosure orders in Tonstate Group v Wojakovski and other cases.
  • Highlights that English courts are willing to overcome jurisdictional obstacles as far as possible in cases involving international fraud.

In a recent decision in Tonstate Group Ltd (in liquidation) & Ors v Edward Wojakovski & Ors [2024] EWHC 1196 (Ch), [2024] All ER (D) 87 (May), the English High Court affirmed its ability and willingness to issue third-party disclosure orders against individuals resident abroad, particularly in cases concerning fraud.

Background to the disclosure ­application

The claimant companies were victims of a fraud perpetrated by Edward Wojakovski, whereby approximately £13.5m of company funds were illegitimately extracted (the extractions). Judgment in connection with this fraud was entered against Wojakovski in January 2020, recognising the claimants’ proprietary interest in the extractions. Since that date, the claimants have been seeking to recover the extractions.

To assist with their recovery efforts,

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

Mourant—Stephen Alexander

Mourant—Stephen Alexander

Jersey litigation lead appointed to global STEP Council

mfg Solicitors—nine trainees

mfg Solicitors—nine trainees

Firm invests in future talent with new training cohort

360 Law Group—Anthony Gahan

360 Law Group—Anthony Gahan

Investment banking veteran appointed as chairman to drive global growth

NEWS
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
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
In this week's NLJ, Steven Ball of Red Lion Chambers unpacks how advances in forensic science finally unmasked Ryland Headley, jailed in 2025 for the 1967 rape and murder of 75-year-old Louisa Dunne. Preserved swabs and palm prints lay dormant for decades until DNA-17 profiling produced a billion-to-one match
The Supreme Court issued a landmark judgment in July that overturned the convictions of Tom Hayes and Carlo Palombo, once poster boys of the Libor and Euribor scandal. In NLJ this week, Neil Swift of Peters & Peters considers what the ruling means for financial law enforcement
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
back-to-top-scroll