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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Coronavirus (COVID-19): The guidance detailing normal practice set out in this Practice Note may be affected by measures concerning process and procedure in the civil courts that have been introduced as a result of the coronavirus (COVID-19) pandemic. For guidance, see Practice Note: Coronavirus
Defending a tort claim—general considerationsIn reality, many claims are ‘defended’ on the basis that the defendant either did not owe the claimant a duty, or there was no breach of duty or there was a break in the chain of causation.In each of those cases, the claimant has failed to establish that
Fraud by false representationFraud by false representation applies to a broader range of conduct than the offences under the preceding legislation (the Theft Act 1968 (TA 1968)). No gain or loss need actually be made, and no deception need operate on the mind of the deceived for the Fraud Act 2006
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
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