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Recent decisions on when third parties can be required to disclose information under Norwich Pharmacal jurisdiction
On two occasions in recent months the courts have considered the extent to which a third party must have been (innocently) involved in wrongdoing before …
Article published on enforcing English judgment debts against companies in financial difficulty
In the absence of a statutory insolvency regime, the English courts have historically adopted a "first past the post" approach to the enforcement of …
High Court orders foreign defendant to disclose assets worldwide to aid execution
The High Court has reaffirmed its jurisdiction under section 37(1) of the Supreme Court Act 1981 to compel defendants who are subject to the court's …
Reforms to Brussels Regulation now finalised
On 6 December the Council of EU Justice Ministers adopted proposed reforms to Council Regulation (EC) No 44/2001 on jurisdiction and the recognition and …
UK Supreme Court refuses to enforce US judgment made in insolvency proceedings against English resident defendants
In Rubin v Eurofinance SA [2012] UKSC 46, the Supreme Court (by a majority of 4 to 1) reversed the Court of Appeal's unanimous decision and held that the …
Supreme Court clarifies "commercial purposes" exception to state immunity
The Supreme Court has clarified the scope of the exception to immunity under the State Immunity Act 1978 for property held by a state which is "in use or …
Privy Council rules on the liability of state-owned corporations for debts of the state
A recent Privy Council decision clarifies the principles regarding enforcement of state debts against state-owned entities. Creditors of states are …
Government's proposals to encourage ADR in smaller disputes
The government response has been published to its consultation on "Solving disputes in the County Courts: creating a simpler, quicker and more …
Court of Appeal upholds pro-arbitration decision in West Tankers
In an eagerly awaited judgment, the Court of Appeal has upheld the High Court's decision to enforce a declaratory arbitral award under section 66 of …
Court of Appeal takes broad view of "control" for disclosure purposes
The Court of Appeal has held that in determining whether documents in the possession of a third party are in a litigant's control, and therefore fall …
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 …
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 …
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