The following Restructuring & Insolvency practice note provides comprehensive and up to date legal information covering:
The set of questions relating to the topic of asset recovery and answered by the guide for each jurisdiction covered include:
Parallel proceedings: Is there any restriction on civil proceedings progressing in parallel with, or in advance of, criminal proceedings concerning the same subject matter?
Forum: In which court should proceedings be brought?
Limitation: What are the time limits for starting civil court proceedings?
Jurisdiction: In what circumstances does the civil court have jurisdiction? How can a defendant challenge jurisdiction?
Time frame: What time is the usual time frame for a claim to reach trial?
Admissibility of evidence: What rules apply to the admissibility of evidence in civil proceedings?
Witnesses: What powers are available to compel witnesses to give evidence?
Publicly available information: What sources of information about assets are publicly available?
Cooperation with law enforcement agencies: Can information and evidence be obtained from law enforcement and regulatory agencies for use in civil proceedings?
Third-party disclosure: How can information be obtained from third parties not suspected of wrongdoing?
Interim relief: What interim relief is ava
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Intimidation of witnesses and jurorsIntimidation of witnesses and/or jurors is an offence under section 51 of the Criminal Justice and Public Order Act 1994 (CJPOA 1994). An offence is committed where a defendant:•does an act which intimidates, and is intended to intimidate, another person (the
What is 'discontinuance'?Discontinuance is the means by which a claimant can bring all or part of the proceedings it has instigated to an end.A claimant has a right to discontinue all or part of a claim at any time.Where proceedings are brought to an end without an order or judgment from a court, eg
Private nuisancePrivate nuisance is an unlawful interference with a person's use or enjoyment of land or some right over or in connection with it. Interference must be unreasonable, and may be caused, eg by water, smoke, smell, fumes, gas, noise, heat or vibrations. Where the defendant has not
IntroductionA defendant may decide to make a submission of no case to answer after the claimant has indicated that it has closed its case and before the defendant calls any evidence. It is only done where the defendant is extremely confident that the claimant has not presented the court with
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