The Power of Money: How Autocrats Use London to Strike Foes Worldwide

Many English attorneys and judges keep that freezing orders are important to prohibit fraudsters, and defend the openness of their courts to lawsuits and proof originating in international locations with compromised authorized techniques. Assessing all of the proof, they contend, regardless of the place it got here from or the way it bought there, higher serves justice.

“Admissibility of evidence makes U.K. courts more attractive for this kind of litigation than countries like the U.S.,” stated Pavel Tokarev, a former Diligence investigator who left in 2019 to begin his personal company. “The rules of accepting evidence, it’s very flexible in the U.K.”

The jailhouse proof from Ms. Tyshchenko is a working example.

To purchase it, Mr. Hardman labored with Andrei A. Pavlov, a Russian lawyer employed by BTA Bank. The United States and Britain would later place sanctions on Mr. Pavlov for his alleged function in a prison conspiracy that led to the 2009 loss of life in a Moscow jail of the whistle-blower Sergei Magnitsky. Mr. Pavlov, in an interview in Moscow, stated he had been unfairly smeared and had accomplished nothing incorrect. He stated he was proud to have labored with Mr. Hardman as a result of of his London companion’s repute as an impressive lawyer.

Faced with complaints that Hogan Lovells had not totally knowledgeable the courtroom that Ms. Tyshchenko supplied her proof underneath duress, an English decide dominated that they had adopted disclosure guidelines by stating that she was incarcerated when she first supplied the knowledge. But the decide was not requested to rule on whether or not the circumstances of her incarceration — the truth that she was in a Russian jail — also needs to be thought-about, in addition to the involvement of Mr. Pavlov and questions on whether or not Ms. Tyshchenko had been mistreated.

Moreover, whereas Ms. Tyshchenko remained in jail, one other Hogan Lovells lawyer satisfied an English decide to grant an order that required her husband in Britain to hand over information and different data. Among the supporting proof the regulation agency submitted had been “press reports” from, a Russian web site infamous as a clearing home for unverified and generally fabricated data.

Hogan Lovells stated that London’s High Court had already rejected complaints of the agency “behaving improperly” in Ms. Tyshchenko’s case, and said that it “complies fully” with the foundations of proof. The data from was “one small part of a much larger collection of evidence that the court accepted justified the granting of the order” within the case in opposition to Ms. Tyshchenko, the agency stated.

Ms. Tyshchenko was much less sanguine. “There are no good guys in this affair,” she stated.

If some of London’s regulation companies have reaped wealthy rewards by defending oligarchs and former Soviet international locations, they’ve generally been much less profitable at recovering funds for these shoppers. As of November 2020, BTA Bank had recovered simply $45 million of the greater than $6 billion it claims Mr. Ablyazov stole, its chairman stated in a current affidavit.

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