News

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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
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Policyholder Update: When does your insurer have a “duty to speak”?
In a recent decision, the Court of Appeal has found that, in certain circumstances, an insurer has a duty to tell its policyholder that their conduct is at risk of jeopardising their claim for cover.
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Pre-Packaged Insolvency
A pre-pack sale has long been a staple of newspaper headlines and invariably alludes to creditors being “stitched up” by the insolvency process. But what is a pre-pack? The term “pre-pack sale” refers to an arrangement under which the sale of all or part of a company’s business or assets is negotiated with a purchase
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New European ‘Freezers’ will Provide a Fast and Effective Tool in Preserving Funds in Cross-Border Cases from January 2017
From January 2017, creditors domiciled in EU Member States that have signed up to a new European regulation will be able to avail of the new European Account Preservation Order (EAPO) which provides a novel fast track way to preserve funds held in EU bank accounts in cross-border civil and commercial disputes.  As the UK
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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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Putting out the fire – cracking down on illegal phoenix activity
‘We didn’t start the fire It was always burning since the world’s been turning We didn’t start the fire No, we didn’t light it, but we tried to fight it’1 The Illegal Phoenix  Illegal phoenixing is a major problem in corporate Australia.  In this post we consider what illegal phoenix activity is, how the problem
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Data Protection in Dubai
The issue of data protection is one that has been attracting increased awareness in recent years, partly due to the ease with which it is now possible to share data. In the Internet age, data can easily be passed from one organization to the next, but this does create some problems. A number of governments
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UAE Bankruptcy Law, an update from Davidson & Co
Last month, the UAE government advised that the long-awaited bankruptcy law might be finalised by the end of this year. The new law, which has been drafted since 2011, is said to incorporate elements of the French, German and US insolvency systems. The UAE’s commercial, banking and legal sectors have been eagerly-anticipating the reform of
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