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12 July 2024
Issue: 8079 / Categories: Legal News , Procedure & practice , Fraud , International
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NLJ this week: Problem-solving on disclosure in international fraud

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Jurisdictional obstacles can be tricky to overcome, but the English courts are taking a pragmatic approach when it comes to third-party disclosure in international fraud cases, Christian Tuddenham and Tracey Lattimer write in this week’s NLJ

Tuddenham, partner, and Lattimer, senior associate, Jenner & Block, look in particular at the recent case of Tonstate Group Ltd (in liquidation) & Ors v Edward Wojakovski & Ors [2024] EWHC 1196 (Ch), [2024] All ER (D) 87 (May), in which the claimants sought to recover £13.5m company funds illegitimately extracted. To this end, they needed to establish jurisdiction in order to force disclosure of relevant documents, as the producer of the documents resided abroad.

The authors explain how this was achieved. They write: ‘The decision illustrates the willingness of the English courts to adopt a pragmatic approach to potential jurisdictional obstacles where justice requires.’

MOVERS & SHAKERS

London Solicitors Litigation Association—John McElroy

London Solicitors Litigation Association—John McElroy

Fieldfisher partner appointed president as LSLA marks milestone year

Kingsley Napley—Kirsty Churm & Olivia Stiles

Kingsley Napley—Kirsty Churm & Olivia Stiles

Firm promotes two lawyers to partnership across employment and family

Foot Anstey—five promotions

Foot Anstey—five promotions

Firm promotes five lawyers to partnership across key growth areas

NEWS
Freezing orders in divorce proceedings can unexpectedly ensnare third parties and disrupt businesses. In NLJ this week, Lucy James of Trowers & Hamlins explains how these orders—dubbed a ‘nuclear weapon’—preserve assets but can extend far beyond spouses to companies and business partners 
A Court of Appeal ruling has clarified that ‘rent’ must be monetary—excluding tenants paid in labour from statutory protection. In this week's NLJ, James Naylor explains Garraway v Phillips, where a tenant worked two days a week instead of paying rent
Thousands more magistrates are to be recruited, under a major shake-up to speed up and expand the hiring process
Three men wrongly imprisoned for a combined 77 years have been released—yet received ‘not a penny’ in compensation, exposing deep flaws in the justice system. Writing in NLJ this week, Dr Jon Robins reports on Justin Plummer, Oliver Campbell and Peter Sullivan, whose convictions collapsed amid discredited forensics, ‘oppressive’ police interviews and unreliable ‘cell confessions’
A quiet month for employment cases still delivers key legal clarifications. In his latest Employment Law Brief for NLJ, Ian Smith reports that whistleblowing protection remains intact even where disclosures are partly self-serving, provided the worker reasonably believes they serve the ‘public interest’ 
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