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    Stay – Judgments Regulation
    2009-02-28

    In DHL GBS (UK) Ltd v Fallimento Finmatica Spa – Butterworths Law Direct 20.2.09 the Commercial Court gave its first decision on the issues dealt with by the ECJ in the Front Comor.

    Filed under:
    United Kingdom, Arbitration & ADR, Insolvency & Restructuring, Litigation, Reed Smith LLP, Bankruptcy, Injunction, Arbitration clause, Common Gateway Interface, Court of Justice of the European Union, High Court of Justice (England & Wales), Commercial Court (England and Wales)
    Authors:
    Sally-Ann S. Underhill
    Location:
    United Kingdom
    Firm:
    Reed Smith LLP
    Enforcement
    2009-02-28

    In Masri v Consolidated Contractors (Oil and Gas) Company SAL – Butterworths Law Direct 6.2.09 a receivership order had been made, paragraph 15 of which stated that 'Nothing in this order shall, in respect of assets located outside England and Wales, require the defendants and/or their directors to disobey the order of any court of competent jurisdiction in relation to such assets'.

    Filed under:
    United Kingdom, Insolvency & Restructuring, Litigation, Reed Smith LLP, Statute of limitations, Common Gateway Interface, Court of Appeal of England & Wales, Commercial Court (England and Wales)
    Location:
    United Kingdom
    Firm:
    Reed Smith LLP
    Guarantees
    2008-08-31

    In Sea Emerald SA v Prominvestbank - Joint Stockpoint Commercial Industrial & Investment Bank - Lawtel 19.8.08 the Commercial Court gave a reminder of the importance of ensuring that the person signing a guarantee upon which you may seek to rely has authority to do so.

    Filed under:
    United Kingdom, Banking, Insolvency & Restructuring, Litigation, Reed Smith LLP, Letter of credit, Credit (finance), Arbitration award, Investment banking, Common Gateway Interface, High Court of Justice (England & Wales), Commercial Court (England and Wales)
    Location:
    United Kingdom
    Firm:
    Reed Smith LLP
    Future debts – appointment of receiver and freezing order
    2008-04-30

    In Masri v Consolidated Contractors International Company SAL and another – Butterworths Law Direct 4.4.08 the principal issues on the appeal were whether the Commercial Court had international jurisdiction to make an order for the appointment of a receiver by way of equitable execution, and a freezing order, and whether a receivership order could be made by way of equitable execution in relation to future debts.

    Filed under:
    United Kingdom, Insolvency & Restructuring, Litigation, Reed Smith LLP, Debt, Capital punishment, Common Gateway Interface, European Commission, Brussels Regime, Commercial Court (England and Wales)
    Location:
    United Kingdom
    Firm:
    Reed Smith LLP
    Unless orders – disclosure of assets
    2007-09-04

    In Lexi Holdings plc v Luqman and others – Butterworths Law Direct 17.8.07 the claimant company (the company), by its joint administrators, commenced proceedings against the first Defendant and his family, including the fifth Defendant. The company successfully applied without notice for freezing orders against the fifth Defendant.

    Filed under:
    United Kingdom, Insolvency & Restructuring, Litigation, Reed Smith LLP, Discovery, Public limited company, Non-disclosure agreement, Common Gateway Interface, Court of Appeal of England & Wales, High Court of Justice (England & Wales)
    Location:
    United Kingdom
    Firm:
    Reed Smith LLP
    Freezing order
    2007-10-31

    In Franses v Al Assad – Butterworths Law Direct 26.10.07 a freezing order was granted against the first respondent, principally in respect of £6.5m that formed part of the proceeds of sale of a property that had allegedly been owned by him. The first respondent applied to discharge the freezing order.

    Filed under:
    United Kingdom, Insolvency & Restructuring, Litigation, Reed Smith LLP, Costs in English law, Injunction, Interest, Substantive law, Liquidator (law), Common Gateway Interface, High Court of Justice (England & Wales)
    Location:
    United Kingdom
    Firm:
    Reed Smith LLP
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