International fraud prompts fast action on jurisdiction

• 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,