This suggests that the Myanmar courts would only enforce monetary judgments, at least from a procedural perspective, and that judgments in rem, such as relating to injunctions, including foreign
asset freezing orders and specific performance, would not be enforced.
six major Hollywood studios securing ex parte civil search orders,
asset freezing orders and interim injunctive relief which took down the world's largest online piracy operation, Popcorn Time
In Khrapunov v. JSC BTA Bank [2017] EWCA Civ 40, a unanimous Court of Appeal has ruled as strongly arguable a claim of a conspiracy to injure by unlawful means, where the unlawful means consist in a breach of a worldwide
asset freezing order («WFO»).
Not exact matches
Moreover, the same
order from Judge Zobel also
froze assets related to three relief defendants: Kimberly Renee Benge, Barbara Crater Meeks, and Erica Crater, all of whom have been linked to the company and whom allegedly received customer funds «without providing any legitimate services to clients and without any interest or entitlement to such customer funds.»
Based on its filing, the SEC obtained an emergency court
order to
freeze the
assets of PlexCorps, Lacroix, and Paradis - Royer.
The government's hardball tactics included an administrative
order freezing the partnership's
assets, a move that brought Kaye, Scholer quickly to its knees.
When they now have access to all those previously -
frozen assets, you can expect more of their true feelings to become known now that they no longer need to hide their hate in
order to get money.
There's one bank account that Manhattan US Attorney Preet Bharara can't get his
asset -
freezing fingers on as he plans a likely multimillion - dollar restitution
order against Sheldon Silver: the pol's campaign war chest, which Silver can continue to use to pay legal fees.
For withholding
asset to the Currency Conversion (
Freezing Orders)(Amendment) Bill 2016, the Acting President said, «The rationale for withholding assent to the bill is the concern regarding modalities for the communication of asset forfeiture orders.&
Orders)(Amendment) Bill 2016, the Acting President said, «The rationale for withholding assent to the bill is the concern regarding modalities for the communication of
asset forfeiture
orders.&
orders.»
«It observes also that Mr. President withheld assent to the Currency Conversion (
Freezing)
Orders Act (Amendment) Bill on the concern regarding modalities for the communication of
Asset forfeiture.»
All
assets under the defendants» control are
frozen by an emergency court
order and Lanzana and Masanko are prohibited from «destruction or concealment of their books and records».
In May 2012, the court had to
freeze his
assets and issue a restraining
order, in response to what they viewed as continued violations of the injunction.
As a result, by mid-2016 Chinese banks started to apply stricter rules on international money transfers and one Chinese bank want as far as obtaining a B.C. court
order to
freeze the
assets of a businessman that they accused of «fleeing China and buying «luxury» Lower Mainland homes [using] a defaulted $ 10 million loan.»
The purpose of a
freezing order is normally to preserve
assets in the jurisdiction pending determination of the claim.
To support this, the team has wide experience in search and seizure
orders,
freezing injunctions, proprietary injunctions and other options to gain competitive advantage in a litigious situation and prevent the dissipation of a defendant's
assets.
MIC sought to enforce this judgment debt against Naftogaz's
assets in England by obtaining (i) a
freezing order against Naftogaz in relation to its shares in a UK oil company; (ii) a default judgment against Naftogaz in the sum of such debt («English Default Judgment»); and (iii) a third party debt
order requiring share dividends due to Naftogaz to be paid instead to MIC and also a charging
order in favour of MIC in respect of such shares.
In reaching this decision, the Jersey Royal Court has demonstrated not only that it will take an innovative and pragmatic approach to ensure that
freezing orders are effectively policed, but also that it will assist foreign courts in the enforcement of judgments by
ordering judgment debtors within its jurisdiction to make disclosure of their worldwide
assets.
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.
He has also recently been in major disputed contempt proceedings, representing Mr Sergei Maksimov, the former President and majority shareholder of VAB Bank, formerly a leading Ukrainian bank, in contempt proceedings relating to worldwide
freezing orders and allegations of non-disclosure and dealing with
assets in breach of the
orders.
He has considerable experience of civil fraud and
asset tracing, having acted in a number of major disputes in this area in the last 5 - 6 years, including experience of interim applications such as
freezing orders, pre - and post-judgment receivers, Norwich Pharmacal and other disclosure
orders in the
asset - tracing context, and committal applications.
VAB Bank v. Maksimov: representing Mr Sergei Maksimov, the former President and majority shareholder of VAB Bank, formerly a leading Ukrainian bank, in contempt proceedings relating to worldwide
freezing orders and allegations of non-disclosure and dealing with
assets in breach of the
orders.
Indeed, an enforcement action can result in court -
ordered receiverships, temporary restraining
orders (TROs), preliminary and permanent injunctions,
asset freezes, disgorgement, severe monetary penalties, officer and director bars, penny stock bars, and administrative
orders barring individuals or entities from the securities industry.
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 «excellent» Fabio Trevisan is recommended for his considerable experience obtaining and enforcing
freezing orders to recover
assets.
ENRC then applied to the Royal Court of Jersey ex parte for an
order freezing Zamin's
assets and requiring Zamin to answer a number of questions about its
assets and
assets held by its subsidiaries.
Our expertise in the pursuit and defence of civil fraud claims, particularly in the commercial context, extends from the early advisory stages and the obtaining (or resisting) of urgent
freezing and search
order relief (including dealing with the cross-jurisdictional issues that may arise and enforcement through applications for contempt and other measures), through to trial and the tracing and recovery of
assets both in the UK and internationally.
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-...]
And the more radical the relief sought, such as
orders freezing assets, the more formal all the approaches are going to have to be.
Hot on the heels of Exxon Mobil's failure to hang on to the $ 12bn worldwide
freezing injunction
ordered by the English court against PDVSA, the Venezuelan national oil company, an attempt at
freezing the
assets of the Republic of Bolivia and its telecommunications company, Entel, has recently been thrown out by the English court.
The court discharged the
freezing order having found, on the facts, that it should not exercise its jurisdiction because Mobil could not demonstrate that: PDVSA's conduct in relation to the
assets was unjustified, ie a risk of dissipation; the case was one of urgency; there was a connection between the dispute or the parties and this jurisdiction (there was never any suggestion of fraud); or that PDVSA had
assets in the jurisdiction.
Adrian Altshuler acts quickly to counter this kind of activity by petitioning the court for
orders that
freeze marital
assets until they can be distributed equitably.
He has extensive experience of trials (including a 12 - week fraud trial in the Commercial Court), interim applications (including
freezing orders, Norwich Pharmacal and other disclosure
orders, and cross-examination on
assets), contempt of court and committal applications, and post-judgment measures for enforcement and
asset recovery.
The application for a
freezing order may be made on notice to the other party, or without notice if there is great urgency or if it is felt that by giving the other party warning he or she may seek to dissipate the
assets.
We use state of the art, innovative legal tools such as Mareva Injunctions to
freeze assets and Anton Piller
Orders (civil search warrants) to ensure the necessary evidence is preserved.
His cases have included contested winding - up proceedings / shareholder disputes / protection; worldwide
freezing and disclosure
orders in respect of large scale fraud; company law, property and contractual disputes; trust disputes; breach of directors» duties / breach of fiduciary duties / recovery of
assets; advising on Cayman Islands «STAR» trusts / transactions to defraud creditors.
(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.
During the course of litigation, Laiken obtained a very broadly worded ex parte Mareva
order freezing the assets of Sabourin and other named defendants which included enjoining any others «with knowledge of this Order» to «prevent the sale, disposition, withdrawal, dissipation, sale, assignment, dealing with, transfer, conveyance, conversion, encumbrance or diminishment» of the assets, specifically including money held in «trust accounts&ra
order freezing the
assets of Sabourin and other named defendants which included enjoining any others «with knowledge of this
Order» to «prevent the sale, disposition, withdrawal, dissipation, sale, assignment, dealing with, transfer, conveyance, conversion, encumbrance or diminishment» of the assets, specifically including money held in «trust accounts&ra
Order» to «prevent the sale, disposition, withdrawal, dissipation, sale, assignment, dealing with, transfer, conveyance, conversion, encumbrance or diminishment» of the
assets, specifically including money held in «trust accounts».
We are well - known for our experience in the seeking and obtaining of
asset freezing injunctions that affect
assets held overseas and we understand exactly how to address the question of enforcement of English court
orders abroad.
They have been used to assist in preserving evidence (Anton Piller
order, a.k.a. civil search warrant) and to prevent disposition of
assets which may later be required to satisfy a judgment (Mareva injunction, a.k.a.
freezing order).
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.
In a bankruptcy, insolvency practitioners» powers include the court - sanctioned ability to: interview under compulsion; search and seize property associated with fraud; obtain
freezing orders on
assets; overturn transfers of
assets to third parties; obtain passport
orders to prevent bankrupts from leaving the country; and
order the delivery up of records.
For individuals or companies whose accounts or
assets have been
ordered frozen, the
order may result in adverse financial and personal consequences in connection with disposal of
assets, living expenses, negative publicity, and
asset disclosure.
Rebecca Wales Qualified: 2005 Made partner: 2016 Key cases: Acting for State Corporation Deposit Insurance Agency, the liquidators of JSC Mezhdunarodniy Promyshlenniy Bank, to bring claims and obtain a worldwide
freezing order against Sergei Pugachev, the bank's former ultimate beneficial owner,
freezing # 1.17 bn of his
assets.
Paul has extensive experience in commercial fraud investigations and cases, and
asset tracing actions, having been involved in some of the seminal «Mareva» or worldwide
freezing order cases
A
freezing order can be sought at any time in
order to prevent a defendant from disposing of
assets before enforcement.
The plaintiff, conversely, submits that Canadian provincial courts are routinely tasked with creating
orders that have an extra-territorial effect, including Mareva injunctions and Norwich injunctions which
order a non-resident non-party (often a bank) to either
freeze assets or disclose information to the plaintiff.
Claims involving fraud (including bribery) and
asset recovery including
freezing orders, search
orders and other forms of interlocutory relief.
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.
(21) BTA Bank v. Ablyazov (CA)[2011] Bus LR 119 An
order appointing receivers of a defendant's
assets was rightly made since there was a measurable risk that the defendant would deal with his
assets in breach of a
freezing order.
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.