This article by Simon Bushell on Law360 explains that we are about to see a monumental change in the English Civil Procedure Rules. A new gateway will extend the U.K. courts' reach over defendants in foreign jurisdictions.
Simon Bushell says: “From Oct. 1, English lawyers will be able to obtain orders from the High Court of England and Wales requiring pre-action disclosure of information from third parties overseas — from foreign banks, for example, to establish the identity of a potential defendant, or in pursuit of a claimant's stolen property.”
He goes on to cover how in the past, this mechanism was only generally available if the third party were in England and Wales. And explains that “The ability to require disclosure from overseas third parties in this way is uncharted territory and almost certainly without precedent in any other legal system in the world.”
A useful read and just something everyone should be aware of and if they are subject to this. The key, as always, is to make sure that if you are subject to it, that you respond in an appropriate way and with expert support.
If an asset has gone missing, and a claimant has some evidence that it has found its way to an overseas jurisdiction, it will be possible to issue an order from the High Court of England and Wales and serve it on any third party abroad who may have been caught up in any related wrongdoing.