Sentences with phrase «freezing order cases»

For a contra mundum injunction, the practice applied in worldwide freezing order cases should be used, with the court's permission required for enforcement outside England and Wales.

Since then he has been involved in many leading freezing order cases both in England and abroad, including Re BCCI (No. 9), FBME Ltd v. Hadkinson, JSC BTA Bank v. Solodchenko, JSC BTA Bank v. Ablyazov and JSC Mezhdunarodniy Promyshlenniy Bank v. Pugachev.

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

In a further judgment, the judge went on to award Mr Maksimov 80 % of his costs of the contempt proceedings since January 2014 (PJSC VAB v. Maksimov [2014] EWHC 4370 (Comm)-RRB- giving important guidance to litigants as to the appropriateness of bringing contempt applications in freezing order cases and the costs consequences should such applications fail or succeed merely on «technical» grounds.

Not exact matches

The Federal High Court had added that «but the court trying the charge may be entitled, in appropriate cases, to review the terms of the freezing order.»

«So I agree that if there is a particular allegation, which is a subject matter of a trial, then in that case that particular amount, so for instance in the case of Opuni, if there is an amount which is part of a charge sheet, then the state wants to preserve those funds through a freezing order, of course it'll be within the mandate of the state to prevent dissipation of such fund by saying let's freeze.

The U.S. Court of Appeals for the Seventh Circuit, acting in a case that has been closely monitored across the nation, has upheld a federal district judge's order freezing $ 47.5 - million in Education Department funds pending the Reagan Administration's payment of desegregation aid to Chicago's schools.

In such cases the water is to be changed ever few house and a heated water bowl can also be preferred in order to prevent the water from being freeze down.

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

However, it is interesting to note that, in this case, the Claimants were able to use the information that came to light during the course of the arbitration proceedings about the Grigorishin Defendants» conduct to get a freezing order.

This Radcliffe Chambers Resource seminar by Shantanu Majumdar and Christopher Buckley gives practical tips and guidance in the light of recent case law for solicitors dealing with freezing orders.

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

«the first port of call for any complicated fraud cases, especially those involving freezing orders»

He made the point by referring to the so - called «frozen trucker case» in which he argued in an appellate dissent that a company could legally fire a trucker who refused an order to stay with his truck after its brakes froze.

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 the welter of freezing order applications she had dealt with down the years (perhaps), his case had faded to no significance.

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.

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.

Elektrim SA v Vivendi Universal SA & Ors [2007] 2 Lloyd's Rep 8: grounds for restraining by injunction an arbitration; as well as several leading cases dealing with interim relief in aid of international arbitral proceedings including Mobil Cerro Negor Ltd v Petroleos de Venezuela SA [2008] 1 Lloyd's Rep 684 (expropriation of Mobil's oil fields in Venezuela; successfully discharged worldwide freezing order for US$ 12 billion under s. 44 of the Arbitration Act 1996); ETI NV v Republic of Bolivia [2009] 1 WLR 665 (CA): (nationalisation of company; successfully discharged a freezing order obtained under s. 25 of the CJJA 1982 and s. 44 of the AA 1996 in aid of an ICSID arbitration); Telenor v Vimpelcom & Altimo Group (pre-arbitration interim relief in S$ 3bn telecommunications shareholder dispute); Yukos Oil v Rosneft (US$ 425m freezing order in support of enforcement of Russian arbitral awards);

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.

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.

Cross-border litigation experience is always significant, as most cases where a worldwide freezing order is sought, have an international element.

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.

In this article, Tom Whitehead draws attention to two recent cases concerning freezing orders which contain helpful guidance on matters of practice and procedure likely to be of interest to practitioners asked to obtain or resist such orders.

The case against Dame Shirley involved the obtaining of freezing and disclosure orders in various different jurisdictions.

«Stephen is a leader in the field of Freezing Injunctions... In order to understand what is required for a Without Notice Freezing Injunction, Stephen's experience is unparalleled, to the point where the Judges rely on his previous cases to determine the standards set by previous Courts.

Stephen was at the forefront of the development of the worldwide freezing order, having been junior counsel for the claimants in the groundbreaking case of Derby v. Weldon.

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

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).

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.

To explain how this arose, some further facts are needed: the Bank's case is that Mr Ablyazov (the judgment debtor, subject to a worldwide freezing order) and his son - in - law Ilyas Khrapunov (the third party) hatched a conspiracy in the jurisdiction in about 2009.

His cases often involve an international element and applications for pre-emptive and interlocutory relief including freezing orders, Norwich Pharmacal orders and other interim injunctions.

In Solodchenko's case, the High Court heard the application for his committal in absence (as he was thought to be out of the jurisdiction) and, having found him in contempt for failure to comply with an international freezing order, committed him to prison for 18 months.

Under US law, the government can seek a temporary order freezing an individual's assets, in both the civil and criminal contexts, before a case is proven at trial.

Paul frequently advises and appears for claimants and defendants in freezing injunction and search order cases.

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

Re «Sharjah Pride» and «Sea Lion» [2012] EWHC 3628 (Comm): worldwide freezing and disclosure orders obtained on behalf of RBS under section 25 Civil Jurisdiction and Judgments Act 1982 in support of proceedings in Sharjah in a case that will become the leading decision on the links to the jurisdiction which must be shown to justify section 25 relief.

freezing orders served on banks and other financial institutions, possibly in fraud and other cases where there is risk that funds which are the subject of the dispute may be dissipated;

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

Often these cases can involve jurisdiction disputes, injunctive proceedings, search and seizure, and freezing orders.

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.

The threat of contempt proceedings was more likely to motivate a person to give information frankly if the court was willing to give permission for the use of information obtained under a freezing order in any appropriate case, than if the court was prepared only to give permission to use that information in contempt proceedings in exceptional circumstances.

In most of these cases, Ling Ling secured freezing orders to help the clients recover funds before these were dissipated.

A freezing order for family assets will preserve them until you have your case heard in front of the judge.

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.

In this case no such proceedings had even been formulated at the relevant time, and the freezing order was therefore discharged.

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 thecircumFreezing 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 thecircumstaOrder 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 thecircumfreezing 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 thecircumstaorder, 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 thecircumfreezing order would be just inall thecircumstaorder would be just inall thecircumstances.

That was particularly so in the case of freezing orders applied for without notice.