Sentences with phrase «freezing order granted»

James was leading counsel for the defendant in its successful application to discharge a US$ 100 million Worldwide Freezing Order granted in aid of foreign proceedings.

The decision in this matter also confirms that the BVI Court can order third parties to provide disclosure in order to police interim freezing orders granted by the BVI or foreign courts.

Not exact matches

Once an administration order is granted you would be protected from any legal actions being taken by creditors and any interest charges would be frozen, so your company would have the opportunity to improve cash flow without facing the threat of bankruptcy or compulsory liquidation.

The White House has not put out an official statement confirming the order, just as it has not confirmed that it has frozen grants and contracts at the age ncy, that the agency is not allowed to communicate with the public, or that the EPA will be barred from funding original science.

He was ordered to halt all property deals, stop handing out council grants to community organisations and freeze the recruitment of senior executives.

They also discuss what role U.S. Secretary of Education nominee Betsy Devos plays in the state's school closure discussion, concerns over President Donald Trump's order to freeze all grant programs at the U.S. Environmental Protection Agency, and a move to bring new voting machines to Michigan.

It's necessary to form huge combos in order to bring down many of the bosses, but it's also fun to do because it looks badass — kill all of the enemies in the area quickly enough, and you're granted a short cutscene of Hotsuma posing before all of them, in a frozen state of death, falling apart and collapsing in a mess of blood and otherworldly goo.

For all of these reasons, the Court held that there was «solid evidence» of a real risk of dissipation and granted the freezing order.

In the Great Station Properties case, the Court accepted there was such a risk and granted a freezing order.

Mr Maksimov was accused of dealing with assets in breach of worldwide freezing orders that had been granted against him and companies associated with him in support of claims for more than US$ 200 million brought in LCIA arbitration proceedings.

Where the Jersey Court has in personam jurisdiction over the judgment debtor, such disclosure orders could be granted in respect of a judgment debtor's worldwide assets, even if only assets within the jurisdiction had been frozen **.

The key principle is that disclosure orders in support of post-judgment freezing orders will be granted more readily than in interim cases.

Mr Maksimov was accused of dealing with assets in breach of worldwide freezing orders that had been granted against him and companies associated with him in support of claims for -LSB-...]

Section 44 entitles the court to exercise the same power to grant freezing orders in relation to arbitration as it has in relation to court proceedings, but only where the case is one of urgency and in circumstances where the tribunal is not yet constituted (as it was not in this case), where the arbitration tribunal has no power or is unable to act effectively.

In both cases, the English court granted a freezing order, without notice to the defendants, in order to protect the position until an all parties hearing could be convened, and, in both cases, the freezing orders were then discharged forthwith.

(i) A freezing order will be granted more readily after judgment than before; it is sufficient for the grant of relief that there is a real risk that the judgment will remain unsatisfied if injunctive relief is refused; (ii) there is no reason why the court should not exercise a power to appoint a receiver by way of equitable execution over future receipts from a defined asset.

However, the judge spent para [9]- [56] considering, obiter: (1) the basis of grant of freezing orders in the family jurisdiction, and (2) what constraints should operate on spouses who take their spouse's private documents.

For a successful result, the applicant must prove that there is a good arguable case, there must be a real risk of dissipation of assets which is often difficult to prove, and it must be just and convenient to grant the freezing order.

If the application had been successful, it would have paved the way for the other defendants to discharge the freezing order that had been granted in February.»

The original WFO, granted by the English High Court on the 11th February, was secured in order to freeze worldwide assets of GDN and force asset disclosure.

The only likely way in which that will happen is if Khrapunov is present in court in London in person: «the administration of justice is liable to be brought into disrepute if the court is disabled from enforcing a freezing order in the most effective way possible» and «The public interest in the court trying to give maximum practical effect to the freezing order it has granted against him and in being seen to do so is strong».

Once such evidence has been located and preserved by court order, the victim may, in appropriate circumstances, also be granted an order of the court to freeze such bank accounts (or other assets)(a Mareva injunction) until the final court determination of the victims claims.

In 2009, CSA members commenced 124 proceedings, concluded 141 cases, issued 83 cease - trade and asset - freeze orders, and granted 77 reciprocal orders.

Among other things: successfully obtaining the continuation of a US $ 2 billion freezing order under s. 25 of the Civil Jurisdiction and Judgments Act 1982 in support of Russian proceedings; and successfully acting on an ex parte appeal against a Judge's refusal to grant a Chabra freezing order — the Order was granted by the Court of Appeal and continued on the return date (with Stephen Smith QC and Ben Griffiorder under s. 25 of the Civil Jurisdiction and Judgments Act 1982 in support of Russian proceedings; and successfully acting on an ex parte appeal against a Judge's refusal to grant a Chabra freezing order — the Order was granted by the Court of Appeal and continued on the return date (with Stephen Smith QC and Ben Griffiorder — the Order was granted by the Court of Appeal and continued on the return date (with Stephen Smith QC and Ben GriffiOrder was granted by the Court of Appeal and continued on the return date (with Stephen Smith QC and Ben Griffiths).

He has acted in significant recent cases concerning the limits of the jurisdiction, including acting for the successful parties in Yukos Capital v Rosneft [2010] EWHC 784 (Comm)(ambit of the Chabra jurisdiction), Linsen International v Humpuss Sea Transport [2011] 2 Lloyd's Rep 663 and [2011] EWCA Civ 1042 (limits of the territorial jurisdiction to grant freezing orders against non-resident non-parties) and Cruz City 1 Mauritius Holdings v Unitech Limited [2014] 2 CLC 784 (power of court to grant freezing orders against non-parties in aid of arbitral proceedings), as well as Yukos CIS v Wincanton in the BVI Commercial Court and Eastern Caribbean Court of Appeal (availability of freezing orders in aid of foreign litigation in the absence of an equivalent of s. 25 of the CJJA).

Our Courts are highly experienced, and have significant powers to grant interim relief (including freezing and disclosure orders).

In addition to proving a strong prima facie case, a moving plaintiff must also show why the freeze is necessary — that is, some reason to believe that assets will be dissipated if the order is not granted.

set aside a freezing order obtained without notice where such an order should not have been granted

This case establishes important limitations on the ability of the English courts to grant post-award Freezing Orders in aid of enforcement.

For example, it may be necessary to delay when the company has a claim for injunctive relief against individuals, to avoid assets being dissipated in advance of a freezing order being granted.

In this issue: Brexit: A Disputes Perspective; Court of Appeal considers non-party funding in two recent cases; Arbitration and enforcement bolstered by Australian High Court decision: freezing order can be granted in expectation of a foreign judgment or arbitration award; Conferences and events

The principle applying to the grant of permission to use information provided by the party under a freezing order in contempt proceedings against that person in a case such as this was that it should be just and convenient for that information to be used for the purpose of enforcing or policing the freezing order.

Somewhat exceptionally, worldwide freezing order relief was granted in Republic of Haiti v Duvalier [1989] 1 All ER 456, [1989] 2 WLR 261, a case in which the defendants neither were domiciled nor had assets in England.

The recent cases referred to above show how the English courts continue to strike a balance between granting freezing order relief — so as to support a substantive legal process — and preventing misuse of a process which could be highly damaging if abused.

His Lordship found it very difficult to visualise a case where the grant of a freezing order, made without notice, could be said to be properly made in the absence of any formulation of the case for substantive relief that the applicant for the order intended to institute.

But a preliminary ex parte freezing order was granted over certain assets of the local companies.

But in suitable circumstances a freezing order might be, and often was, granted and served on the respondent before substantive proceedings had been instituted.

The protection for the defendant that ought to be associated with the grant of a without notice freezing order was absent.

On the appeal, the Court of Appeal concluded it did have jurisdiction to grant a freezing order over the assets of the locally domiciled companies, although it declined to exercise that discretion on the facts before it.

Instead, Her Honour found that the granting of a freezing order in Ontario would facilitate the obtainment of a freezing order over Mr. Chan's assets abroad, including those situated in Hong Kong.

A temporary restraining order (TRO) freezing BitConnect's assets has been granted in the U.S. after a second lawsuit was filed against the cryptocurrency...