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Dispute Resolution

A “non party” who assists in the breach of the terms of a freezing order can be liable for conspiracy

Claire Kitchen

Posted by Claire Kitchen | Partner
On 13th April 2018

Background and the Ablyazov litigationThe case is rooted in the Ablyazov litigation that took place between 2009 and 2012. From 2005 until 2009, Mr Ablyzov was the chairman and controlling shareholder of the Kazakhstan bank, JSC BTA Bank.During his period of office, it is alleged that Mr Ablyazov embezzled US $6 billion from the bank. In April 2009, Mr Ablyazov fled Kazakhstan and obtained asylum in England. In August 2009, the bank commenced litigation against him in England. The bank obtained a disclosure order requiring Mr Ablyazov to identify and locate his assets. It also obtained a worldwide freezing order (WFO) preventing him dealing with his assets. Mr Ablyazov ostensibly complied with the disclosure order and WFO, but, in 2011, the bank applied for an order committing Mr Ablyzaov for contempt of court.

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Freezing order made against unknown parties

Claire Kitchen

Posted by Claire Kitchen | Partner
On 14th March 2018

HHJ Waksman has recently granted a freezing order against persons unknown, in the case of CMOC v Persons Unknown.The case CMOC were the victims of fraud. An unknown person or people (the fraudster) infiltrated the email address of a member of senior management. The fraudster then sent out emails in the senior manager’s name asking for payments to be made out of the company’s bank accounts. CMOC lost in the region of £6.3 million due to the scam.CMOC applied for a worldwide freezing order (WFO) against the fraudsters.

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Waiver of privilege even where there is a lack of advice

Chun Wong

Posted by Chun Wong | Partner
On 6th December 2017

Legal privilege is a fundamental base of our English legal system upon which the administration of justice is built. In Ventouris v Mountain, The Italia Express (1991) 1WLR 607, Lord Justice Bingham explained the public interest in a client being:“…free to unburden themselves without reserve to their legal advisors” and their legal advisors being “free to give honest and candid advice on a sound factual basis, without fear that these communications may be relied on by an opposing party if the dispute comes before the court for decision.”

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