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Rings, Rolexes and Renoirs - What happens to the engagement ring and other gifts made during the marriage when a couple gets divorced?
Liam Hurren
Claims involving digital assets (including crypto assets) have become relatively common in the English Courts over the last five years and, as a result, the main areas of disagreement between the parties to those disputes are starting to emerge. A major theme is the methodology that should be applied to the tracing and following of digital assets.
Assets are typically placed in a trust for legitimate purposes, such as safeguarding wealth for future generations. However, arguments that a trust is in fact a “sham” created to hide the true ownership of assets often arise in the context of divorce litigation, bankruptcy/insolvency where a creditor seeks to argue that a trust is a pretence seeking to shield assets from creditors, or in estate disputes, where beneficiaries look to bring assets of the deceased back into an estate.
Where the identity of a person or group of people responsible for a fraud is not known, the courts have recognised that it may be appropriate in certain circumstances to allow a claimant to issue proceedings and obtain an injunction (both interim and final) against such individuals. These injunctions are referred to as “persons unknown injunctions” and they have become increasingly prominent in recent years.
Kingsley Napley is pleased to have acted for the successful claimants in proceedings before the High Court. The decision addresses a long-standing uncertainty in company law: if a provision of the Companies Act 2006 (“CA 06”) carries a criminal penalty for breach, does that mean no civil remedy is available? The court’s ruling sheds light on how such provisions should be understood and what consequences companies and directors may face when compliance falls short.
One of the most alarming aspects of falling victim to fraud is knowing where to start. It is very common for a victim to know almost nothing about what has happened, except for the fact that they have been scammed and the assets have gone. However, there are options available even if you don’t know the identity of the fraudster and the assets have, apparently, disappeared.
Liam Hurren
Sameena Munir
James Bell
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