Sentences with phrase «dissipation of assets»

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.

It refused to engage in the merits of the parties» respective cases in the English proceedings, nor would it make findings as to the respective parties» conduct in what was clearly «hard - fought litigation», save to acknowledge that there was evidence of apparent dissipation of assets by Zamin.

Interim measures are frequently required, including search and seizure orders and freezing injunctions, to prevent dissipation of assets prior to the issue of proceedings.

He has been involved in a number of multi-million pound directors» misfeasance claims and is extremely familiar with claims that arise from fraudulent trading and the dishonest dissipation of assets, having experience of tracing and realising assets both within and outside of the jurisdiction.

either party's wasteful dissipation of assets or any transfer or encumbrance of assets made in contemplation of divorce without fair consideration; and

Recently, the courts of several Caribbean islands — long considered to be havens where funds could be stashed beyond the reach of creditors — have demonstrated they are prepared to take determinative action to prevent dissipation of assets that might respond to a prospective judgment from a foreign court.

Opting for a DIFC seat means the parties have access to the supervision and support of the DIFC Courts, not only for the purposes of enforcement, but also for the purposes of obtaining interim remedies, like temporary freezing or attachment orders, which can be important if there is a risk of dissipation of assets.

As such, this freestanding jurisdiction to order disclosure in aid of enforcement is similar to the disclosure regime for judgment debtors under the English CPR Part 71, and does not necessarily require evidence of dissipation of assets.

While delay may be a relevant factor in some cases, particularly where urgency is alleged as a basis of moving without notice under Rule 37.07 (3), it is not a relevant factor where a risk of dissipation of assets is the basis for moving without notice under Rule 37.07 (2).

Dissipation of Assets.

In the recent case of Electromart (Ontario) Inc. v Fabianiak et al., the Ontario Superior Court considered the level of evidence required to prove that there is a real risk of the dissipation of assets, one of the elements necessary to obtain a Mareva injunction freezing a defendant's assets.

Mechanisms such as prejudgment remedies of attachment and garnishment, injunctive relief to freeze assets, asset discovery, and debtor examinations are all part of our strategy to see that our client's claims are not rendered uncollectable through the dissipation of assets.

We'll carefully gather and evaluate the evidence to determine whether a spousal support award is warranted, looking at all the factors considered by Texas courts, including the length of the marriage, the age and health of the parties, the earning potential of the parties, the dissipation of assets by either party and the ability of the payor to meet the obligation.

With the most serious threats to a business such as fraud, dissipation of assets or possible destruction of evidence, the court is likely to well understand why an application may be being made without notice to the proposed defendant.

Without notice injunction To obtain a freezing injunction the claimant must show a good arguable case and that there is a risk of dissipation of assets.

Criteria for a Freezing Order To obtain a freezing order, a Claimant needs to establish three things: • A good, arguable case; • That there is a real risk of dissipation of assets; and • That a freezing order would be just inall thecircumstances.

An applicant for a freezing order must support his application with «solid evidence» as to the risk of dissipation of assets (Mr Justice Jack at 18).

Subject: Civil procedure; Insurance; Dissipation of assets; Freezing injunctions; Insurance brokers; Interim injunctions; Risk; Setting aside freezing injunctions

Avtar has acted for Banks in many types of cases involving bank securities, including guarantees, letters of credit, bills of exchange, invoice discounting, insolvency, breach of trust and knowing / dishonest assistance in the dissipation of assets, fraud, etc..

Sometime called a forensic accountant or asset searcher or a certified licensed investigator (CLI), a forensic accountant analyzes marital estates for evidence of dissipation of assets or hiding of assets.

Various factors are taken into consideration when distributing assets including the incomes of the parties prior to and at the beginning of the divorce, duration of the marriage, need to occupy the marital home, loss of inheritance or pension rights, maintenance awards, future financial circumstances of each spouse, tax consequences, dissipation of assets, contributions as a non-wage earner to the income of the spouse and home, and the character of the property itself.

How long a case takes depends on the complexity of the issues involved (marital assets, non-marital assets, marital debts, dissipation of assets, maintenance, children, parenting time and decision - making), how motivated you and your spouse are to settle, how adversarial you and your spouse choose to be, the behavior of the attorneys involved, and many other factors.