Freezing Injunction in UK Law
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Frustrating the Fraudster — Civil Law Weapons
Fraud has never respected national boundaries. But the advent of the Internet and modern technology has increased the ease with which money and documents can be transferred worldwide. The Fraud Adv...... ... has been described as 'the law's two nuclear weapons'2 — the freezing injunction and the search order. The majority of cases referred to ... ...
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Cross‐border asset protection: an offshore perspective
Considers the ability of an applicant to reach assets in offshore jurisdictions, showing that there is a difference between the offshore world and the rest of the world; most of the “traditional” o...... ... from dealing with the identi-®ed assets within Sunland (a freezing order inaid of foreign proceedings where the substantivecause of action ... Court, but the defendantneed not be.17As with any interlocutory injunction, `equity actsin personam' and any order of any court must prop-erly attach ... ...
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Appeal Dismissed: English Courts on Foreign Judgments
... ... case, such as sitting on the judicial panel which granted a freezing injunction against the Appellants, she ultimately did not take part in the ... ...
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SITUATIONS WHERE LIABILITY WILL ARISE UNDER CIVIL LAW IN ENGLAND AND WALES WHEN BANKS AND OTHERS HANDLE PROCEEDS OF CORRUPTION
The Committee has considered the present state of English civil law in relation to remedies available to victims of money laundering. We summarise here the relevant rules and principles of English ...... ... in the following ways: (a) as persons named in a court order freezing assets of which they have custody for a person against whom an allegation ... 43.4 Freezing injunctions (a) A freezing injunction (Mareva) restrains a party from removing assets from the jurisdiction or ... ...
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Criminal Forfeiture under Kenya's Proceeds of Crime and Anti-Money Laundering Act: Nature and Challenges
... ... POCAMLA seeks to ‘to provide for the identification, tracing, freezing, seizure and confiscation of the proceeds of crime, and for connected ... by Kenyan courts to equate a restraint order to a freezing injunction. 49 Although the two orders ultimately serve the same purpose of ... ...
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A look at the offence of ‘tipping off’ and whether the Court of Appeal has missed an opportunity to offer wider guidance on this subject
In the recent case of C v S, the Court of Appeal offered guidance to the financial community on how to meet a specific problem arising from statutory provisions to prevent money laundering. Conside...... ... June 1998, a bank ('the Bank') was served with a Mareva or asset-freezing order obtained by a com-pany (C), the claimant in proceedings against 12 ... In addition to the asset-freezing injunction, the order required the Bank to give discovery to C within 14 days of ... ...
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Enforcement of Judgments in Bermuda
... ... , dismissing the appeal (I) that in deciding whether a worldwide freezing order, sought in support of foreign civil proceedings, fell within the ... had been obtained following a wilful decision to disregard an injunction issued by the Bermuda court. He further held that the judgment sought to ... ...
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Suspected financial abuse among cases administered by the PGO
The risk of financial abuse is a major concern for the PGO and the Court of Protection. Master Lush has suggested that some 10‐15% of cases brought to the Court involve some element of abuse or imp...... ... been to theChancery Division of the High Court andgained a ‘freezing injunction’, whichprevents removal of any assets. They havealso received ... ...
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Litigation
... ... Action for an injunction ... Actions for injunctions are dealt with in CPR, Pt 25 and PD 25 ... to the prejudice of the winding up, a co-partner may apply for a freezing injunction restraining the removal of or dealing with the property (see ... ...
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Mareva Injunctions and Third Parties: Exposing the Subtext
... ... : Exposing the Subtext Peter Devonshire* The efficacy of an injunction may be dependent not only upon the defendant’s conduct but also the ... The order is described as a ‘freezing injunction’ in the Civil Procedure Rules, which took effect 26 April ... ...
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