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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

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
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