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

Weightmans—Jason Slatcher

Weightmans—Jason Slatcher

Weightmans appoint new Chief Technology Officer

Mishcon de Reya—trainees

Mishcon de Reya—trainees

Mishcon de Reya announces trainee retention rate of 86%

Sackers—Charlotte Adams & Fraser Sutton

Sackers—Charlotte Adams & Fraser Sutton

Sackers welcomes two new Graduate Solicitor Apprentices

NEWS
LexisNexis is delighted to announce the launch of the LexisNexis Legal Awards 2027, celebrating outstanding achievement, innovation and impact across the legal profession
The Legal Services Board (LSB) is to take further enforcement action against the Solicitors Regulation Authority (SRA), setting additional performance targets and ‘intensifying’ its oversight, it has said
Regulators missed several opportunities to intervene in PM Law Group before it collapsed, an independent review by City firm Jenner & Block has found
An employer’s vicarious liability for the alleged torts of an employee cannot be transferred by TUPE, the Court of Appeal has confirmed
Tiered fees of up to £1,500 for Legal Ombudsman (LeO) cases could leave firms with little option but to pay out, lawyers have warned
back-to-top-scroll