Claire Kitchen | Partner

The High Court has recently ordered an injunction against an unknown third party and provided for alternative service by text message.In the case of NPV v QEL and ZED, all parties have been anonymised to protect their identities, and in particular NPV, a successful businessman.

Background and the Ablyazov litigationThe case is rooted in the Ablyazov litigation that took place between 2009 and 2012. From 2005 until 2009, Mr Ablyzov was the chairman and controlling shareholder of the Kazakhstan bank, JSC BTA Bank.During his period of office, it is alleged that Mr Ablyazov embezzled US $6 billion from the bank. In April 2009, Mr Ablyazov fled Kazakhstan and obtained asylum in England. In August 2009, the bank commenced litigation against him in England. The bank obtained a disclosure order requiring Mr Ablyazov to identify and locate his assets. It also obtained a worldwide freezing order (WFO) preventing him dealing with his assets. Mr Ablyazov ostensibly complied with the disclosure order and WFO, but, in 2011, the bank applied for an order committing Mr Ablyzaov for contempt of court.

HHJ Waksman has recently granted a freezing order against persons unknown, in the case of CMOC v Persons Unknown.The case CMOC were the victims of fraud. An unknown person or people (the fraudster) infiltrated the email address of a member of senior management. The fraudster then sent out emails in the senior manager’s name asking for payments to be made out of the company’s bank accounts. CMOC lost in the region of £6.3 million due to the scam.CMOC applied for a worldwide freezing order (WFO) against the fraudsters.