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

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

Walkers—Muriel Marseille

Walkers—Muriel Marseille

Ashurst's Chief Risk Officer joins Walkers

Excello Law—John Osborne

Excello Law—John Osborne

Northern family lawyer John Osborne joins Excello

mfg Solicitors—Rebecca Rogers, Kennedy Langley & Victoria Griffiths

mfg Solicitors—Rebecca Rogers, Kennedy Langley & Victoria Griffiths

Trio of promotions announced at Kidderminster law firm mfg Solicitors

NEWS
A sole director can conspire with their own company for the purposes of the tort of unlawful means conspiracy, the High Court has ruled in a judgment with potentially wide implications for business disputes
The Court of Appeal has reinforced that domicile depends on intention rather than residence alone, in a significant post-Brexit ruling on cross-border financial remedy claims
The Chancery Division's long history comes to an end this autumn as it is reborn as the Business and Property Division, prompting questions over whether the shake-up is really necessary
The Financial Conduct Authority (FCA) continues to show that failing to disclose regulatory issues can attract harsher consequences than the original misconduct itself
Rejecting a generous settlement can prove an expensive mistake, as two recent high-profile cases demonstrate
back-to-top-scroll