12 July 2024 / Christian Tuddenham , Tracey Lattimer

Issue: 8079 / Categories: Features , Procedure & practice , Fraud , International

International fraud prompts fast action on jurisdiction

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

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International fraud prompts fast action on jurisdiction

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.

Background to the disclosure application

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

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International fraud prompts fast action on jurisdiction

Background to the disclosure ­application

Background to the disclosure ­application

MOVERS & SHAKERS

WSP Solicitors—David Ashcroft & Jessica O’Shea

Duxton Hill Chambers—Lucas Bastin KC & Joshua Hiew

Gilson Gray—Gregor Duthie & Stephen Forsyth

Background to the disclosure application

Background to the disclosure application