UK Fraud, Asset Tracing and Enforcement Update | September 2024
Published on 11th Sep 2024
Developments in cross-border disputes law in England and Wales
Welcome to the new look and relaunched update for businesses and individuals looking to navigate fraud, enforcement and asset recovery issues. This issue includes updates on unregistered and time-barred foreign judgments and whether they can be used as the basis for insolvency proceedings, as well as on orders for the enforcement of costs and on injunctions against pensions.
Other recent cases covered relate to contempt of court proceedings – including how company directors can be found in contempt – jurisdiction over foreign lawyers alleged to have conspired to breach a freezing order, and an English decision refusing to give effect to an exclusive jurisdiction clause in favour of the Russian courts.
High Court rules that England is the appropriate forum in cross-border conspiracy claim
In a July 2023 judgment, the English High Court held that England was the appropriate forum for conspiracy and related claims against a Monaco-based lawyer in connection with the alleged breach of a worldwide freezing order and evasion of an English judgment by judgement debtor.
High Court allows proceedings in England despite Russian 'exclusive jurisdiction' clauses
The High Court, in a significant recent decision in Zephyrus Capital Aviation Partners v Fidelis Underwriting Ltd [2024], has found that claimants that owned and leased aircraft to Russian airlines could continue to pursue claims against defendant insurers and reinsurers in the English Courts – notwithstanding contractual clauses that provide for the resolution of disputes through the exclusive jurisdiction of the Russian courts.
English High Court considers a creditor's ability to rely on foreign money judgments in insolvency proceedings
The threat of insolvency proceedings can be a strong form of leverage to obtain a successful outcome on enforcement of a judgment debt, as judgment debtors will often pay up when faced with the prospect of being found insolvent.
English court allows enforcement of a foreign judgment debt against the debtor's pension
The High Court, in the case of , recently exercised its power under section 37(1) of the Senior Courts Act 1981 to grant an order giving the judgment creditor in a Jersey judgment (which has been registered in England) control of the judgment debtor's personal pension as a way of obtaining part-payment of the judgment debt.
Court of Appeal in England sets aside suspended committal order
The English Court of Appeal in Westrop v Harrath [2023] recently set aside a suspended committal order, which was made following a judgment debtor's failure to attend a debtor questioning hearing, on the basis that it was not served personally (as required by the Civil Procedure Rules (CPR) rule 71.3) and that no affidavit of service was filed (as required by CPR rule 71.5).
English Court of Appeal clarifies law on contempt post-2020 revisions
Breach of a court order can result in the non-compliant person being found guilty of contempt of court and imprisoned or fined. Such power of compulsion is a strong weapon the court can employ to ensure compliance with its orders.
Orders for interim payments on account of costs are enforceable, English High Court confirms
Where a party is awarded its costs of a case, application or other matter to be assessed, the English court will usually order an interim payment to be made on account of those costs (pending assessment).
2019 Hague Judgments Convention ratified by the UK
The 2019 Hague Judgments Convention provides a framework for cross-border recognition and enforcement of judgments in a wide range of cases. In contrast, the 2005 Hague Choice on Courts Agreement Convention is only in respect of judgments rendered in disputes governed by exclusive jurisdiction clauses.
Osborne Clarke's team of cross-border disputes experts have market-leading experience helping businesses and individuals successfully navigate enforcement and asset recovery issues. We use our experience to cut through complex issues and take a strategic and creative approach to help identify and leverage available pressure points to help achieve positive outcomes.
We welcome to our team our new partner Nick Axup who will lead the contentious insolvency practice and adds further strength and depth to our insolvency and restructuring team.
If you would like to discuss any of the issues raised in this update, please get in touch.
