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The International Data Insights Report: Trends in international arbitration
Mark Fallmann
Shortly before the recent anti-corruption summit hosted by David Cameron, he announced a consultation on an extension of the corporate offence of failing to prevent bribery to other economic crimes such as fraud and money laundering.
Earlier this week The Times reported that “Fraud victims are being '"badly served'" by the Serious Fraud Office (SFO), which only recovered £1.3 million in compensation last year - despite UK fraud losses of £717 million..”
In the past year, the High Court has been asked to determine whether a purported will is a forgery on three different occasions. This is an interesting development because there is often a perception amongst lawyers that contested will forgery actions rarely reach trial.
A freezing order is an interim injunction that restrains the individual subject to the order (“the Respondent”) from disposing of or dealing with their assets to ensure that they are preserved until judgment can be enforced. It is normally obtained before the proceedings begin, and without notice to the Respondent. The consequences of a freezing order are extremely burdensome, not only on the Respondent but also on their family.
The claimant investors (P) sought declarations under the Proceeds of Crime Act 2002 s.281 that part of a fund which was subject to a freezing order belonged to them.
Mark Fallmann
Laura Phillips TEP
Julie Matheson
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