Registration and coffee
Cross-Border Fraud: Shaping New Law into Solution-Focused Answers for Clients
Tue 28 November 2017
The Caledonian Club 9 Halkin Street London SW1X 7DR
Answers to 14 Thorny Questions on the Fringes of the Law: Directly from 5 QCs
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Cross-Border Fraud: Shaping new law into solution-focused answers for clients
Chaired by: Charles Samek QC
Charles is "a real fighter, who will die in a ditch before letting his client lose”. He acted in the seminal Dadourian fraud litigation on the enforcement of worldwide freezing orders.
3rd parties abroad
What steps can claimants take against 3rd parties abroad if they assist a defendant in breaching a court order (such as a worldwide freezing order)?
And how can those 3rd parties protect themselves?
Answered by: Steven Philippsohn of PCB Litigation
Steven is "an eminent player in the fraud world". A “true visionary in the field”, he is a "wise and excellent strategist", specialising in cases with a global scope.
With reference to the Pugachev litigation, if your defendant is a beneficiary of an offshore trust, but discloses nothing more than that: how do you (1) get disclosure, (2) freeze those assets and (3) bust the trust?
Answered by: Stephen Smith QC
Stephen is "brilliant - the preeminent silk for civil fraud and asset recovery cases". He acted in the Pugachev litigation about disclosure of interest in a discretionary trust.
What are the practical and legal considerations when attempting to undermine the validity of Judgments obtained in foreign jurisdictions; particularly from those where (1) there are striking political and cultural differences or (2) the judgments (are alleged to be) politically motivated?
Answered by: Sarah Gabriel of Peters & Peters
Sarah is co-author of "Getting The Deal Through: Asset Recovery in 18 Jurisdictions Worldwide". She acted for the former deputy chairman of JSC BTA in claims totalling billions of dollars.
Good arguable case
Exploring the fringes of the case law, what is the meaning of “good arguable case” in the context of an application for a freezing order following PJSC Tatneft v Bogolyubov & others?
Answered by: Richard Morgan QC
Richard is the "doyen of freezing orders". He is author of "International Asset Chasing and Tracing". He acted in Erste v Red October on alleged conspiracy to induce insolvency.
Where is the line when it comes to protecting sensitive documents from disclosure (or limiting the effect of an order for disclosure) in the context of investigations that include fraud and bankruptcy, Avonwick v Shlosberg?
Answered by: James Mather of Serle Court
James is "an exceptionally bright rising star of the Chancery Bar”. He was involved in the Avonwick v Shlosberg fraud litigation on the confidentiality of disclosed documents.
Delay and assets
With reference to the recent line of cases, how do you rescue yourself if your freezing injunction is facing refusal because of (1) delay or (2) the need to show the existence of assets?
Answered by: Elspeth Talbot Rice QC
Elspeth is "unparalleled as a choice for multi-million-pound fraud and asset-tracing claims". She acted for the beneficiaries in Walker v Egerton Vernon, a £100 million breach of trust claim.
In terms of cross undertaking for damages where fraud is alleged, (1) how much should you freeze, (2) what type of transactions should you allow, (3) how do you avoid disproportionate exposure, Fiona Trust v Privalov?
Answered by: David Allen QC
David is "spectacular in court - he’s engaging, influential and persuasive". He is joint author of "Company Law and the Human Rights Act". He acted in the Fiona Trust v Privalov litigation.
Close of conference
** All speaker quotes are taken from Chambers Directory, Who's Who Legal and Legal 500