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Dispute Resolution Law Blog

9 June 2016

Is a freezing order affecting third parties contrary to public policy?

The Court of Justice of the EU (ECJ), on referral from a preliminary ruling by the Supreme Court of Latvia, has held that the public policy defence in Article 34 of the 2001 Brussels Regulation (the 2001 Brussels Regulation) did not prevent the enforcement of a freezing order made without a prior hearing of third parties whose rights might be affected, provided that the third parties had the right to apply to the original court to vary or discharge the order. Meroni v Recoletos Ltd and others (Case C-559/14)

Fiona Simpson

8 June 2016

Hidden flaws in proposed new “failure to prevent fraud” corporate offence.

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.

 

William Christopher

27 May 2016

Proprietary Estoppel Claims – 2016 Case Update (Part 2)

Following ‘hot on the heels’ of the case of Linden v Burton (2016) the Court of Appeal have again been trying to grapple with the difficulties of proprietary estoppel claims in the case of Davis v Davis and Davis. 

Ryan Mowat

27 May 2016

Proprietary Estoppel Claims - 2016 Case Update (Part 1)

The recent cases of Linden v Burton (2016) and Davies v Davies and Davies (2016) demonstrate that there is life in the old doctrine of proprietary estoppel.

This blog reviews the first of these cases, which was an appeal in the Court of Appeal against a first instance decision declaring that a residential property was held on trust under the terms of which the first £33,522 in equity is held for the respondent to the appeal, Ms Liden, on the basis of proprietary estoppel.
 

Ryan Mowat

19 May 2016

Notification Injunctions: Forewarned is Forearmed

On 29 April 2016 Nugee J granted an interlocutory application to restrain Defendants in on-going proceedings from disposing, dealing or otherwise engaging in transactions with any assets of £1m or above without giving the Claimants’ solicitors 7 days advance notice in writing, a ‘notification’ injunction.

Mary Young

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