Sentences with phrase «enforcing judgments obtained»

Not exact matches

So lenders file a statement of claim against a delinquent borrower, obtain a judgment, and then get an execution order to enforce the judgement to recover their losses.

If a judgment is obtained in an English Court against the Bank how is it enforced?

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.

The previous restrictive reading of the BVI CPR had led to the situation that foreign judgments obtained in all but a small number of countries could not be enforced in the BVI because there was no «gateway» to provide for service out of the jurisdiction.

Obtained a judgment in Massachusetts enforcing a settlement agreement following an attempt by opposing parties to back out of agreement.

This could be on the basis that they have reasonable prospects of obtaining a default judgment which they can then enforce more often than not.

If you have a need to obtain, enforce, or modify an existing child support order or judgment, an experienced Prince William County child support lawyer will be well equipped to help.

Likewise, they will not know whether any judgments they obtain are likely to be enforced by the home court of the other party.

Charles Thomson Qualified: 2004 Made partner: 2014 Key cases: Acted in the Grupo Torras case for the past decade, assisting the Kuwaiti government to obtain and enforce judgments around the world and to successfully restrain and recover assets that were stolen through a sophisticated series of frauds and concealed in offshore trust structures and other asset protection vehicles.

Judgments obtained in Australia for the payment of money may be recognized and enforced in Ontario by a common law action on the judgment, if in accordance with the common laws of Ontario (and Canada, if applicable) concerning the recognition and enforcement of foreign jJudgments obtained in Australia for the payment of money may be recognized and enforced in Ontario by a common law action on the judgment, if in accordance with the common laws of Ontario (and Canada, if applicable) concerning the recognition and enforcement of foreign judgmentsjudgments.

The Court held that foreign judgments will be enforceable in Canada provided the foreign court had a «substantial connection» with the subject matter of the lawsuit unless the judgment was obtained by fraud, or there was a failure of natural justice, or enforcing the judgment would be contrary to domestic policy.

Judgments obtained in Netherlands for the payment of money may be recognized and enforced in Ontario by a common law action on the judgment, if in accordance with the common laws of Ontario (and Canada, if applicable) concerning the recognition and enforcement of foreign jJudgments obtained in Netherlands for the payment of money may be recognized and enforced in Ontario by a common law action on the judgment, if in accordance with the common laws of Ontario (and Canada, if applicable) concerning the recognition and enforcement of foreign judgmentsjudgments.

If you or your client have obtained or are seeking a judgment of either State or U.S. District Courts, and are seeking to have that judgment recognized or enforced in Ontario, Canada, please contact us for a free initial consultation on 416-979-2020.

Notable mandates: Represented physicians involved in providing care to Ashley Smith during the 2013 coroner's inquest; acted for Ontario Premier Kathleen Wynne in a defamation action against Ontario Progressive Conservative party leader Tim Hudak and energy critic Lisa MacLeod; in Wise v. Iran, acted for a Canadian victim of a suicide bombing (executed by individuals who received material support from Iran) who sought leave to intervene in ongoing proceedings commenced by United States plaintiffs in the Ontario Superior Court of Justice seeking orders recognizing the enforceability in Ontario of judgments they obtained from a U.S. court against Iran totaling about $ 370 million; in Khadr v. Edmonton Institution, acted as lead counsel for an intervener, the Canadian Civil Liberties Association, to argue that in interpreting Omar Khadr's sentence for the purpose of enforcing it in Canada, Correctional Services Canada was obliged to consider Khadr's right to liberty and principles of fundamental justice; acted for a physician in a malpractice claim in Moore v. Getahun, a precedent - setting case about restrictions on communication between counsel and experts in preparation of expert reports.

All judgments for the payment of a sum of money obtained from the «superior» courts of Commonwealth countries covered by the AJA can be registered in England if, in all the circumstances of the case, the English court in its discretion finds it just and convenient that the judgment should be enforced in England.

This means, for example, that injunctions, interim orders and other judgments obtained from foreign courts for specific performance, payment into court or a declaration / dismissal of a claim / counterclaim can be recognised but can not be enforced under English common law.

If the purpose is to enforce a foreign judgment, an enforcement petition must be filed to a Taiwan competent court after obtaining a Taiwanese judgment of recognition.

Once a decree enforcing the foreign judgment has been obtained from the Myanmar courts, it may be executed by attachment and sale of any property, by arrest and detention in prison, garnishee order and application for examination of judgment debtors.

Oliver also has experience in general commercial litigation, shareholder disputes, obtaining injunctions, commercial fraud, enforcing judgments in overseas jurisdictions and in defending claims.

He has recently acted for an oil company in a claim to recover the proceeds of a substantial fraud by its payroll officer, obtaining freezing orders and proprietary injunctions, tracing the funds into the hands of third parties, obtaining judgments against the laundering recipients and enforcing disclosure orders by committal for contempt, see SAIPEM Ltd v Stanley [2017] EWHC 2106.

Risk of dissipation is easy to establish in such cases: if there is a prima facie case of fraud, eg misappropriation of the claimant's money, then the court will readily accept that the defendant is also likely to try to take steps to move his assets out of the reach of the claimant before the latter can obtain and enforce a judgment.

US receivers of a bankrupt trust engaged in a commercial scheme in the US and Canada sought recognition in the English court and also to enforce a US default judgment for US $ 160,000,000 obtained against certain parties who had taken money from the trust when it was insolvent.

In this case, the plaintiffs obtained judgment against Chevron Corp. in Ecuador for some $ 9.5 billion USD, and they sought to enforce that judgment in Canada, against both Chevron Corp. and the Canadian subsidiary, Chevron Canada.

If this step had been taken this would almost certainly have prevented the transfers to the wives and children, and secured assets against which to enforce the judgment eventually obtained.

If letters and private documents can thus be seized and held and used in evidence against a citizen accused of an offense, the protection of the Fourth Amendment declaring his right to be secure against such searches and seizures is of no value, and, so far as those thus placed are concerned, might as well be stricken from the Constitution... The tendency of those who execute the criminal laws of the country to obtain conviction by means of unlawful seizures and enforced confessions, the latter often obtained after subjecting accused persons to unwarranted practices destructive of rights secured by the Federal Constitution, should find no sanction in the judgments of the courts which are charged at all times with the support of the Constitution and to which people of all conditions have a right to appeal for the maintenance of such fundamental rights.

Looking ahead, the problem the Ecuadorian plaintiffs will face in enforcing their judgment is not Chevron's complex structure of wholly - owned subsidiaries; rather, it is the US court decision holding that the judgment was obtained through corruption.