Trevor Withane, solicitor-advocate in the Fraud Defence Group at Mishcon de Reya, gave a key talk at the Law Society's Central Asia Trade Mission & International Marketplace Programme this week. Trevor's topic, 'Regulatory issues – UK anti-corruption legislation, civil fraud, and their relevance to CIS businesses', elicited a lively debate. Several senior partners of Kazakh law firms debated the ambit of the Bribery Act 2010 and the ability to use the English court to obtain worldwide freezing injunctions even when the merits of the case are not being heard in England. Trevor's talk also promoted the use of litigation funding, which generated significant interest.
Trevor commented: "It was thrilling to see Kazakh lawyers thinking about using the powerful tools available from the English courts to recover assets. It was notable that many of the lawyers I spoke to said English law was so often the law of choice for their clients to govern their contracts by, many preferring to have their disputes heard in English courts – a testament to the English justice system. Kazakh clients will be looking to litigation funders to pursue cases they otherwise have been unable to, or to take the litigation risk off- balance sheet."