Scott v West


Reference:
[2012] EWHC 1890 (Ch)

Date:
2nd February 2012

Court:
High Court

Comment:

Malcolm acted for the Claimant who had been defrauded out of almost 500,000 euros. It was a difficult case to fix jurisdiction in the country because of its particular facts. Countries featured in the transactions are South Korea, Thailand, Singapore, Malaysia, Seychelles, Belize, Latvia, Canada and Germany. The only connection with England was the payment of sums out of a sterling account here and the nature of the purported contracts. Henderson J granted permission to serve the Claim Form out of the jurisdiction and granted a worldwide freezing injunction. Hildyard J subsequently granted a further worldwide freezing injunction and permission to serve the Claim Form by alternative methods, namely by emails to the six Defendants. After effecting service, which certainly came to the attention of the Defendants, the Claimant obtained default judgment (in pounds sterling and US dollars) and a post judgment worldwide freezing injunction to protect the sums claimed and the indemnity costs which were awarded.  This was a ‘boiler room’ scam, and the action can now continue with the important part, recovery of losses.



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