Webinar alert – Fraud update

On Thursday 8 December (12:45 to 1:45 UK time) Robert Hunter, John Corrie, Lucy Hopkins, Ben Cameron and Will Turner  will present a live audio webinar to update listeners on recent developments in fraud and asset tracing litigation, including: Lying about creditworthiness: Section 6 of the Statute of Frauds Act: Roder UK Ltd. v Titan Marquees Ltd [2011] EWCA Civ 1126 Freezing … Read more

UK not opting in to proposed European Account Preservation Order Regulation

The government yesterday announced that the UK would not be opting in to the proposed Regulation establishing a Europe-wide bank account freezing order (click here for our summary of the proposals). Although the government recognises the benefits of the proposal in facilitating cross-border debt-recovery, responses to its consultation on the proposal highlighted concerns over a lack of adequate safeguards for defendants, such … Read more

Revocation of order granting relief from sanction

The High Court has revoked its previous order granting relief from sanction under an unless order, where the respondents had given false information in purported compliance with the terms of the court’s orders, and has refused to grant further relief: JSC BTA Bank v Ablyazov and others [2011] EWHC 2506 (Comm). The decision illustrates that where the court has … Read more

Solicitors ordered to disclose client’s contact details

In a judgment that will be welcomed by parties seeking to enforce committal orders, the High Court has ordered a firm of solicitors to disclose a client’s contact details in order to assist in the enforcement of a committal order: JSC BTA Bank v Solodchenko and others (Defendants) and Clyde & Co LLP (Respondent) [2011] … Read more

Draft Regulation released proposing Europe-wide freezing orders

On 25 July 2011, the European Commission released the proposed European Account Preservation Order (EAPO) Regulation, which has been submitted for consideration by the European Parliament and the Council of the EU. Whilst it is likely to be several years before the regulation comes into force, it is likely that the infrastructure which will be … Read more

Corporate fraud, investigations and asset recovery update

Our summer fraud update has been published, with articles on the following: Delaying asset disclosure under worldwide freezing orders: No more pulling yourself up by your bootstraps? JSC BTA Bank v Ablyazov & Others [2010] EWHC 2352 (Comm) Accepting the risk of enforcing a judgment in an overseas jurisdiction: Luxe Holding Ltd v Midland Resources … Read more

Who ‘owns’ a bribe – the recipient or victim?

The Court of Appeal has given judgment in Sinclair Investments (UK) Limited v Versailles Trading Finance Limited & Others ([2011] EWCA Civ 347), firmly dismissing the appeal – and the defendants’ cross appeal – from the judgment of Mr Justice Lewison of 30 June 2011. The decision is of enormous importance. It considers what relief … Read more