Dispute Resolution analysis: The new Argentine Civil and Commercial Code (CCC) came into effect on 1 August 2015 and will introduce a specific chapter on international jurisdiction that will alter the framework which governs international litigation in Argentina. Jean-Paul Dechamps, an Argentine senior associate at Freshfields Bruckhaus Deringer, provides an overview of some of the key amendments affecting investment and businesses operating in the country.

Appeals—court guides The parties to any appeal must comply with the rules applicable to their appeal. The provisions governing appeals to the County Court, High Court and the Civil Division of the Court of Appeal are set out in CPR 52 and accompanying Practice Directions: CPR PD 52A, CPR PD 52B, CPR PD 52C and CPR PD 52D (general civil litigation provisions). The provisions set out in the following Practice Note are to be read in conjunction with the general civil litigation provisions. Guidance on these provisions can be found here: • Civil appeals: general and preliminary considerations—overview • Civil appeals to the County Court and the High Court—overview • Civil appeals to the Court of Appeal—overview In addition to all and any relevant CPR provisions, practitioners should also comply with any provisions in any specialist court guide applicable to the division or court in which the case is proceeding. This Practice Note provides guidance on provisions supplementing CPR 52 and its Practice Directions set out within the following specialist court guides: • the Court of

Leapfrog appeal A leapfrog appeal is an appeal that is heard by a higher appellate court than would usually do so. For appeals that would ordinarily take place in the County Court or High Court, the destination of a leapfrog appeal is the Court of Appeal. For appeals that would ordinarily be heard by the Court of Appeal, the destination of a leapfrog appeal is the Supreme Court (UKSC). For further information, see Practice Notes: Starting an appeal—destination of civil appeals—Leapfrog appeals—can my appeal be assigned to the Court of Appeal? and Starting an appeal—destination of civil appeals—Leapfrog appeals—can my appeal be assigned to the Supreme Court? This Practice Note contains guidance as to the authority and procedure for making a leapfrog appeal. For detailed guidance on appeals generally, consult the following Practice Notes: • Starting an appeal—general provisions • Starting an appeal—destination of civil appeals • Starting an appeal in the County Court or the High Court • Starting an appeal in the Court of Appeal • Supreme Court—starting and managing the appeal—appeals pre-2 December 2024 The

This Practice Note provides an introduction to the civil recovery regime under the Proceeds of Crime Act 2002 (POCA 2002) and signposts practitioners to more detailed guidance on each aspect of the regime. This introductory guide is intended to assist those who are unfamiliar with civil asset recovery under POCA 2002 and is designed to provide a clear understanding of what it is, how and when it may become relevant and the key issues which lawyers need to be aware of when advising on this topic. The Practice Note explains the purpose of civil asset recovery, civil recovery orders, property freezing orders and interim receiving orders, together with related civil recovery regimes involving cash, bank accounts, listed assets, cryptoassets, unexplained wealth orders and international enforcement. It also outlines the investigative powers available to enforcement authorities. What is civil asset recovery? Civil asset recovery is the non-conviction based asset recovery regime contained in Part 5 of POCA 2002. Unlike confiscation proceedings, which follow criminal conviction, civil recovery proceedings are directed against property itself rather than an individual

As set out in The economic torts—overview, the law makes provision to protect a person’s trade or business from acts which are considered to be unacceptable. This Practice Note on the economic tort of conspiracy (a civil cause of action) identifies the two forms of tortious conspiracy: unlawful means conspiracy and lawful means conspiracy (conspiracy to injure) and identifies their key distinguishing features. It also considers aspects of those claims which are generic to both types of claim, eg the defence of justification to a civil conspiracy claim and issues relevant to the pleading of civil conspiracy claims and overcoming the burden of proof. For guidance on the constituent elements required to bring a claim of lawful means conspiracy (conspiracy to injure), see Practice Note: Lawful means conspiracy (civil action). For guidance on the constituent elements required to bring a claim of unlawful means conspiracy, see Practice Note: Unlawful means conspiracy (civil action). For guidance on claims for: • unlawful interference, see Practice Note: Economic tort of unlawful interference • procuring a breach of contract,

Arbitration analysis: In an appeal against an order dismissing the claimants’ application to commit Mr Deripaska to prison for contempt, the Court of Appeal determined that an applicant is limited to proving the contempt as stated on the application notice, and where the issues in play concern foreign law with no English law equivalent, the absence of expert evidence can preclude proof of contempt to the criminal standard. The court also dealt with an appeal against an order awarding Mr Deripaska some of his costs on the indemnity basis. Written by Anneliese Mondschein, barrister, of Serle Court.

This Practice Note considers contempt proceedings under CPR 81 (also referred to as ‘committal proceedings’) in relation to County Courts Act offences and High Court certifications. It is not intended to cover the individual peculiarities of the diverse range of committal-type actions that may be taken when a defendant is in breach of the County Courts Act or a High Court certification. This Practice Note should be read in conjunction with the following Practice Notes, which give a broad overview of these types of proceedings: • Civil contempt proceedings—nature and legal framework • Civil contempt proceedings—sentencing and costs County Courts Act 1984 (quasi-contempts) There are a number of separate, although similarly themed, offences under the County Courts Act 1984 (CCA 1984). Prior to 1 October 2020, these matters were dealt with in CPR 81. However, CPR 81 was amended with effect from 1 October 2020 and these offences are not covered in CPR 81 with effect from that date. Practitioners should review the individual sections of the various acts if confronted with the offences

This Practice Note examines the law surrounding appeals in respect of contempt proceedings under CPR 81 (also referred to as ‘committal proceedings’), both for the claimant and defendant, whether appealing in relation to the finding of contempt or the sentence imposed. It also considers the process by which an individual’s contempt can be discharged (in modern terminology) or purged (in old-fashioned terminology). The right to appeal A defendant has an absolute right of appeal against being committed to prison for contempt (ie no permission to appeal is first required) (Baho v Meerza (2014) and CPR 81.8(7)). For more information on this case, see News Analysis: Court of Appeal, committal appeals and Mitchell (Baho v Meerza). Section 13 of the Administration of Justice Act 1960 (AJA 1960) provides a procedure for appeal in cases of contempt of court, and states to which court an appeal lies: • from an inferior court to the High Court • from the High Court to the Court of Appeal • from a High Court appeal, or from the

This Practice Note provides information on making the contempt application and what it should include. It provides information on the requirement for there to be a penal notice on the application. It also provides information on service of the contempt application, including service on the defendant, service on the defendant’s legal representatives and service out of the jurisdiction. For guidance on the court’s approach to dealing with contempt applications (including the various hurdles to be met), see Practice Note: Civil contempt proceedings—nature and legal framework. For information on the different types of contempt that can be committed, see Practice Notes: • Civil contempt proceedings—non-compliance with a court order or undertaking • Civil contempt proceedings—false statements • Civil contempt proceedings—interference with the administration of justice • Civil contempt proceedings—contempt in the face of the court • Civil contempt proceedings—County Courts Act offences and High Court certifications When are contempt proceedings appropriate? Prior to considering the procedural steps involved, it is critical that you give full consideration to whether or not it is appropriate to bring

This Checklist on civil contempt proceedings summarises the different types of civil contempt, the key factors to consider when bringing proceedings for civil contempt, whether permission is required, how to make the application and what to include in it. This Checklist also considers the potential adverse costs consequences of making an unsuccessful application for civil contempt. Considerations Guidance Further guidance and information The different types of civil contempt It is important to understand the different types of civil contempt.Civil contempt proceedings under CPR 81 may be brought for non-compliance with a court order or undertaking or knowingly making a false statement in any affidavit, affirmation or other document verified by a statement of truth or in a disclosure statement. They can also be brought for interference with the due administration of justice or contempt committed in the face of court (ie where the contempt is directly in the court’s presence).It is often the case that a particular allegation straddles more than one type of civil contempt. For more information on the different types of contempt, see Practice

This Practice Note considers the circumstances where a party’s assets can be confiscated (also known as a ‘writ of sequestration’) as a remedy, punishment or coercion as part of contempt proceedings under CPR 81 (also referred to as ‘committal proceedings’). This Practice Note does not address writs of sequestration to enforce a judgment, order or undertaking in a situation where no proceedings for contempt of court are brought—for guidance on this, see Practice Note: Writs of sequestration to enforce a judgment or order. Confiscation of assets—enforcement or contempt? Note that prior to 1 October 2020, all methods of sequestration (both the ‘contempt’ kind and the ‘enforcement’ kind) were dealt with in CPR 81 but by an amendment to the CPR in force as of 1 October 2020, a decision was made to confine CPR 81 only to contempt proceedings (see consultation: Proposed rule changes relating to contempt of court: redraft of CPR Part 81). Post-1 October 2020, the terminology ‘writ of sequestration’ is not used in CPR 81, but the principles

This Practice Note considers when contempt proceedings under CPR 81 (also referred to as ‘committal proceedings’) can be brought where contempt is committed in the face of the court. This type of contempt is one of the few where the court itself may deal with the contempt without further application (CPR 81.6(1)). Therefore, although a review of Practice Note: Civil contempt proceedings—making and serving the application would be of benefit, the procedural requirements outlined in it will be of lesser relevance, other than the particulars specified in CPR 81.4(2)(a)–CPR 81.4(2)(s) which must be included in a claimant’s (now, in effect, the court’s) written evidence. What constitutes contempt in the face of the court? Contempt in the face of the court may extend beyond conduct inside the courtroom to misconduct within or immediately outside the court precincts (Balogh v St Albans Crown Court (1975)). It therefore covers a broad spectrum of ‘misconduct’, which means that contempt in the face of court can apply to very diverse circumstances to