Strategic international enforcement and asset recovery support

International enforcement and asset recovery matters can be complex, time consuming and costly when faced with a difficult debtor. When tackling these issues, experience and an in depth understanding of the wide ranging legal and practical issues are essential.

We use our depth of experience to navigate complex cross-border issues and devise a strategic and creative approach to enforcing internationally. We'll help you identify and leverage available pressure points so you can achieve positive outcomes for your business. Key to this is our partners actively leading case teams so that you benefit from their experience and judgment.

Osborne Clarke LLP is prominent in large-value cases and its team is particularly active in disputes connected with technology, energy, natural resources and projects.

Legal 500

Our partners have been centrally involved in many of the leading international enforcement cases and numerous significant judgments in the English courts and the offshore jurisdictions. We have experience spanning enforcement in Europe, Africa, the Middle East, North America and Asia. Members of our team obtained the English court's first worldwide receivership orders and pioneered the used of conspiracy proceedings in respect of the evasion of judgment debts. Along with market-leading international experience, we bring perseverance and innovation when solving enforcement problems.

Our experience and expertise benefits our clients not only in terms of devising effective strategies but also in terms of our ability to address complex legal issues efficiently and avoid unnecessary costs and delays.

How we can help you

We can help you with all aspects of asset tracing and enforcement, including:

Identifying assets
  • Orders to compel the provision of information about assets
  • Third party disclosure applications
  • Requests to foreign courts to obtain information
Preserving assets
  • Service of proceedings internationally
  • Worldwide freezing orders to preserve assets
  • Worldwide receivership orders
Recognition and enforcement
  • Recognition and registration of foreign judgments and arbitration awards
  • Challenges to enforcement
  • Charging Orders
  • Garnishee/Third Party Debt Orders
  • Unwinding transactions
  • Pursuing assets in trust
  • Piercing the corporate veil and proceedings against controlling parties
  • The appointment of provisional liquidators and insolvency proceedings
Fines and committal
  • Contempt of court and committal proceedings

Expert coordination of international teams

As well as our own network of international offices, we have a wide network of trusted foreign lawyers who we have worked with and we can call on. We also work with investigation firms who can quickly and efficiently obtain public source materials internationally.

We will help you to plan an international strategy involving asset identification, preservation of assets and execution against those assets. We will coordinate with lawyers and investigators in different jurisdictions to ensure that there is a consistent and strategic approach.

Managing the financial costs and risks is an essential part of this. We are committed to finding the best way for you to realise value from potential claims, whilst limiting the financial risk.

Our asset tracing and enforcement disputes lawyers

Osborne Clarke's team of cross-border disputes experts have market-leading experience helping businesses and individuals successfully navigate enforcement and asset recovery issues.

In addition to our team's core international enforcement skills, we have lawyers with expertise in other areas such as internal investigations, cybercrime, defamation, financial services disputes and white collar crime. 

Experience

Worldwide Receivership Order

Obtaining a worldwide receivership order to pursue contractual revenues due to a Middle Eastern debtor of a high value international arbitration award.

Proceeds of Kazakh Fraud

Recovering funds from a corporate fraud in Kazakhstan where funds had been transferred through Latvia, Andorra and Switzerland, ending up in Greek real estate.

Freezing private jet

Urgent proceedings for a freezing injunction to seize a private jet owned by a Middle Eastern debtor on an English airfield before it was removed from the jurisdiction.

Offshore shareholder fraud

Advising on an enforcement strategy relating to the allegedly fraudulent restructuring of a Russian owned business structured through offshore companies in Cyprus, BVI and Turks & Caicos islands.

Enforcement of Hong Kong judgment

Advising on the enforcement of a Hong Kong judgment in England against a high profile businessman.

Recovery of assets from corporate restructuring

Advising on post-insolvency claims that could be brought by a creditor or the liquidator to recover assets disposed of in complex corporate restructurings.

Recovery of ownership of real estate

Advising the executor of an estate on a successful resulting trust claim to recover ownership of real estate held in the name of a nominee on behalf of the deceased.

Trustees in bankruptcy

Advising the trustees in bankruptcy in relation to variety of issues including proceedings under s. 339 Insolvency Act 1986 (setting aside transaction at an undervalue) and enforcement against assets located in foreign jurisdictions.

International proceedings to enforce €280M Irish judgment debt

Obtaining an injunction, a charging order and a worldwide freezing order in relation to the enforcement of a €280M Irish judgment debt. A related application to set aside a transaction to defraud creditors. Advice in relation to overseas proceedings in New York, Toronto and Spain.