Sentences with phrase «assets out of the jurisdiction»

We will give the assistance needed whenever urgent action is required, such as if you suspect that your debtor is about to move all of his assets out of the jurisdiction or your trusted ex-employee has set up in competition stealing your key customers.

Not exact matches

«Once it's discovered, it's usually too late if the assets are already spent or transferred out of jurisdiction,» Clapp said.

The Third Circuit in In re Bevill Bresler & Schulman Asset Management Corp., developed a five - part test (the Bevill test) to examine the merits of such an assertion by an individual employee against company counsel.50 Under this test, employees must show that (1) they approached corporate counsel for the purpose of seeking legal advice; (2) they made it clear that they were seeking advice in their individual capacity; (3) counsel sought to communicate with the employee in this individual capacity, mindful of the conflicts with its representation of the company; (4) the communications were confidential; and (5) the communications did not concern the employee's official duties or the general affairs of the company.51 The Bevill test has been recognised by other jurisdictions as a means of assessing whether a company employee may assert attorney — client privilege in an individual capacity arising out of communications with corporate counsel.52 (See also Chapter 13 on employee rights.)

«I am not prepared to adopt, as the defendant's argue, a blanket principle that an Ontario court lacks jurisdiction to entertain a common law action to recognize and enforce a foreign judgment against an out - of - jurisdiction judgment debtor in the absence of a showing that the defendant has some real and substantial connection to Ontario or currently possesses assets in Ontario... No jurisprudence binding on me has expressly placed a gloss on that ability to assume jurisdiction by requiring the plaintiff to demonstrate that the non-resident judgment debtor defendant otherwise has a real and substantial connection with Ontario.»

He has extensive experience of commercial litigation (including advisory work) in a wide variety of areas, both in the English Commercial Court (and on appears therefrom) and also domestic and international arbitrations, such as carriage of goods, sale of goods, fraud claims, asset tracing, insurance and reinsurance, contractual and non-contractual termination, jurisdictional disputes, worldwide and other freezing orders, anti-suit injunctions, arbitration disputes, service out of the jurisdiction, guarantee disputes, bills of exchange, and documentary credits.

In August 2012 he assisted Hanson Renouf in a discovery exercise in a complex and high - value tracing claim by a divorcing wife against a Jersey trust, holding shares of companies in several offshore jurisdictions, that was alleged to have been settled by the husband out of assets subject to community of property laws.

(i) The presence of assets within the jurisdiction is not a pre-condition for the court's jurisdiction under CPR 6.20 (9) to permit service of a claim form out of the jurisdiction to enforce a foreign judgment.

A recent case in Alberta has fashioned a new solution, and potential fourth option, for courts dealing with out of jurisdiction assets: Darby v Darby.

We carried out legal due diligence of the assets, took an active role in the development of the comprehensive transaction structure, and prepared transaction documents, as well as supporting the client during the completion of the acquisition procedures, and coordinating work in several jurisdictions.