March 28, 2018
In two recent cases, the English High Court has been asked to determine the scope of disclosure (known as discovery in the United States) to which a Claimant alleging fraud may be entitled. 
The first case, PSJC Commercial Bank Privatbank v Igor Valeryevich Kolomoisky and others [2018] EWHC 482 (Ch), concerned the disclosure obligations of a number of Defendants pursuant to a worldwide freezing injunction. As is usual, in addition to its primary function of prohibiting the disposal of assets, the freezing injunction required the Defendants to disclose information regarding the “value, location and details” of assets. The Court interpreted “value, location and details” as encompassing information regarding the nature and extent of the assets, including the nature and extent of the Defendants’ interest in those assets.