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NLJ this week: Problem-solving on disclosure in international fraud

12 July 2024
Issue: 8079 / Categories: Legal News , Procedure & practice , Fraud , International
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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.’

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In NLJ this week, Sailesh Mehta and Theo Burges of Red Lion Chambers examine the government’s first-ever 'Afghan leak' super-injunction—used to block reporting of data exposing Afghans who aided UK forces and over 100 British officials. Unlike celebrity privacy cases, this injunction centred on national security. Its use, the authors argue, signals the rise of a vast new body of national security law spanning civil, criminal, and media domains
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