“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. Amongst the items seized were a number of electronic devices.

Very shortly after, we successfully applied for an order that these devices be imaged so that they could be reviewed for information on assets. This order was obtained without notice to the Defendants and others claiming that the devices belonged to them, and the first three months of the review exercise similarly took place without notice to these individuals.

Once the imaging had taken place and the review commenced, we obtained at short notice an order permitting software to be run to “crack” password-protected documents so that they could be reviewed.

These two orders are ground-breaking and a fundamentally important new development in the fight against fraud.

PCB Litigation acts for the Bank of Moscow. The team consists of Anthony Riem, Nick Ractliff and Jon Felce.