Recognition of UK decisions now has to take place in contradictory proceedings according to Swiss National Law
On 31 December 2020, the transition period between the United Kingdom and the European Union ended. Thus, as of 1 January 2021, European Union agreements with third countries – including bilateral or multilateral agreements between Switzerland and the European Union – no longer apply to the United Kingdom. Like all other international agreements of the
You have got to admire the creativity of Mr Skurikin (S). VTB appointed Receivers (R) over assets (Assets) in a limited liability partnership which were held in trust for a Liechtenstein Foundation (B). B applied to discharge the Receivership Order (RO) on the basis of a “material change in circumstances” (MCIC). That MCIC was a
Goodbye Ye Olde Search Order….Hello SPIDI (Search, Preserve, Image, Disclosure & Inspection) Order
In TBD vs Simons [2020]EWHC30Ch the Court of Appeal has made it clear that the old form of Search Order which bundled up searching, preserving, imaging, disclosure and inspection is no longer fit for purpose. Each aspect of a Search Order must be identified and separately justified. In a nutshell if your central concern is
Worldwide Freezing Injunction: clarification of the correct test for the existence of assets
The Court of Appeal has recently considered a case where Chabra worldwide freezing orders – a well-used tool of litigators, not only to secure assets to satisfy English judgments, but also in aid of foreign proceedings, pursuant to Section 25 of the Civil Jurisdiction and Judgments Act 1982 (CJJA) – were sought pursuant to the
Court of Appeal Rules on Reverse Burden of Proof in Corruption Case
Reverse burden of proof provisions have been the subject of considerable debate both in Ireland and abroad. Recently the Court of Appeal, in a rare judgment on the interpretation of the Prevention of Corruption Act 1906, upheld a provision which imposes a reverse burden of proof in certain bribery cases. The judgment relates to an
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