PCB Litigation obtains maximum prison sentence against contemnor defendant

Posted on: October 23rd, 2017

On 19 October 2017, and following a string of prior successes for the Bank of Moscow (see http://www.pcblitigation.com/media/cracking-down-on-defendants-further-ground-breaking-orders-obtained-by-pcb-litigation/ and http://www.pcblitigation.com/media/no-place-safe-to-hide-for-russian-debtors/), PCB Litigation has obtained a rare maximum two-year prison sentence against Russian judgment debtor Andrey Chernyakov. The sentence was handed down for several contempts of Court by Mr Chernyakov arising out of breaches of worldwide freezing and related asset disclosure orders against him. Mr Chernyakov’s wife, Anastasia Erokhova, was also sentenced to a significant period of imprisonment for similar breaches.

The decision also confirms that the standard Commercial Court injunction wording covers not only assets beneficially owned by the subject of a freezing order, but also assets directly or indirectly controlled by that person, and therefore that it can extend to the assets of a company of which the respondent is the sole shareholder.

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Double success for PCB Litigation

Posted on: October 16th, 2017

PCB Litigation is delighted to share with you a double success achieved last week. Not only has PCB Litigation continued to be highly ranked in Legal 500 – including in Tier 1 for civil fraud work – with all five partners being recommended, but we have been shortlisted for Specialist Law Firm of the Year in the prestigious British Legal Awards.

The partners are extremely appreciative of your continued support for the firm.

Our dual recognition is a reflection of the continued strength and growth of PCB Litigation.

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PCB Litigation recognised as a “standout firm in the London market” by Who’s Who Asset Recovery 2017

Posted on: July 4th, 2017

Who’s Who Asset Recovery 2017 has described PCB Litigation as a “specialist fraud boutique” and a “standout firm in the London market”. Steven Philippsohn, Anthony Riem and Trevor Mascarenhas are all named in the list of 8 leading solicitors in the UK in asset recovery, with Steven and Anthony occupying the first 2 places.

• PCB is described as having “a strong track record in high-profile recoveries”.

• Steven Philippsohn is described as “an internationally renowned practitioner with a wealth of
experience in high-stakes litigation. According to one source, “He is an undoubted leader and
superb legal strategist.”

•“The “fantastic” Anthony Riem is a highly rated operator with over 20 years’ experience assisting
corporate and financial institution clients with international asset tracing and recovery

• “Completing the firm’s offering, Trevor Mascarenhas is well versed in multi-jurisdictional asset
recovery and emerges as one of the top names in London.”

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“Cracking” down on defendants: further ground-breaking orders obtained by PCB Litigation

Posted on: May 10th, 2017

Hot on the heels of successfully obtaining the first reasoned judgment concerning the jurisdiction to grant a search order against a third party – see here – PCB Litigation has obtained two further ground-breaking orders which will substantially add to the weapons available to victims of fraud seeking to recover assets.

The background is set out in our update of 28 November 2016 – see here – when Russian Judgment debtor Andrey Chernyakov was forced to allow bailiffs to enter his London homes to search for and seize his assets.

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First ever search order against a third party granted: the Chabra moment for search orders

Posted on: March 7th, 2017

Amongst the wide array of tools available in the English Courts for intended and actual claimants are what have been described as the law’s two nuclear weapons, freezing injunctions and search orders. Since the seminal case of Chabra, Courts have been willing to grant freezing orders not just against defendants, but against third parties against whom no claim is advanced but who appear to hold assets on behalf of the defendant. Yet in the quarter of a century since Chabra, and until very recently, no case seems to have tried to use the search order jurisdiction in a similar way.

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New European regime for preserving accounts

Posted on: January 18th, 2017

Today, EU Regulation No 655/2014 of 15 May 2014 (“the Regulation”) takes effect. It establishes a European Account Preservation Order (“EAPO”) procedure with the purpose of facilitating cross-border debt recovery in civil and commercial matters.

It is intended to operate as an alternative to domestic remedies, by allowing certain creditors in one participating Member State to freeze a debtor’s assets located in bank accounts in another participating Member State without first obtaining a court order within that state.

Applications can be made prior to commencing proceedings without notice to the debtor (as well as during proceedings and after judgment) and may give creditors the chance to obtain information about debtors’ bank accounts.

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No place safe to hide for Russian debtors

Posted on: November 28th, 2016

Last week, Russian Judgment debtor Andrey Chernyakov was forced to allow bailiffs to enter his London homes to search for and seize his assets. The Bank of Moscow had at the end of October obtained a £195m judgment against Mr Chernyakov. Mr Chernyakov had already been the subject of worldwide freezing orders. When the Bank sought to enforce by sending in the bailiffs, Mr Chernyakov refused them entry to his homes. Urgent relief was obtained within a matter of hours, permitting the bailiffs to use reasonable force to enter the homes that same day.

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PCB Litigation awarded top rankings for civil fraud in legal directories

Posted on: November 3rd, 2016

We would like to thank our clients, referees, fellow professionals and others who have provided their support over the years in helping us top the rankings for civil fraud in both Chambers and Partners and The Legal 500. PCB received a Band 1 ranking for civil fraud in the UK in Chambers and Partners for the first time, while retaining its tier 1 position for civil fraud in London in The Legal 500.
According to Chambers and Partners, the firm assists “high-end clients including banks and corporations in getting to the bottom of sophisticated fraud scenarios.

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Litigation on the rise in China

Posted on: October 3rd, 2016

In a recent article for FraudNet (the ICC specialist fraud and asset recovery taskforce of which we are the UK member), we commented on the rise of Chinese-related disputes (https://icc-ccs.org/talkfraud/chinese-related-disputes-on-the-rise-steven). This theme has been echoed in The Lawyer magazine, which has just published a report on the performance of 30 leading Chinese law firms by revenue. It also analysed the revenue generated from litigation and found that litigation had been a strong driver for growth in the last 2 years. In 2015, according to statistics from the Supreme People’s Court, the number of cases handles by all courts in China increased by 21% from 13.8 million to 16.7 million, with the total sum claimed increasing from RMB 2.90 trillion to RMB 4 trillion.

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Making economic crimes pay

Posted on: September 15th, 2016

As specialist fraud and asset recovery lawyers, we regularly successfully pursue those behind the commission of economic wrongdoing as well as those who have assisted in such wrongdoing.

However, whilst there are various available methods of pursuing perpetrators on a civil basis (with which we are well versed), moves are again afoot to seek to plug gaps in the criminal sphere.

In July 2014, we reported upon the Head of the SFO’s proposal to extend the ambit of section 7 of the Bribery Act 2010 for corporates “failing to prevent” acts of employees (see http://www.pcblitigation.com/media/potential-corporate-fraud-amendment-to-bribery-act-2010/).

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