The Royal Court of Guernsey has dismissed an application to admit privileged communications. Joseph de Lacey discusses ‘In order to test the decision-making process, D applied for disclosure of documents evidencing the decision and the decision-making process, permission to adduce expert evidence as to the trusts‘ value, and permission to cross-examine the trustees.‘ The Royal …
Continue reading "The ‘without prejudice‘ rule: A sacred right?"
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Rory Brown examines the principles governing freezing injunctions ‘The lesson for practitioners seeking freezing injunctions (FIs) is to pay special care to target selection, both in terms of respondents and the property which is the proposed subject matter of the order.’ There are seven principles that govern, or should govern, the jurisdiction of the court …
Continue reading "Injunctions: Cold comfort"
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Wills & Trusts Law Reports | July/August 2015 #151In the early 1990s, Mr Pugachev founded the JSC Mezhdunarodniy Promyshlenniy Bank (the bank) in Russia. It became one of Russia’s largest privately owned commercial banking groups. On 4 October 2010, the Russian Central Bank revoked its banking licence and appointed a ‘temporary administration’ and on 30 November 2010 it was declared insolvent by the Russian court and placed into temporary administration. The state corporation ‘Deposit Insurance Agency’ (the DIA) was appointed as liquidator. Mr Pugachev left Russia for London in 2011. The Russian liquidation of the bank was recognised by...
Nicola Bridge and Michael Ward explore the use and usefulness of freezing orders ‘It is important for practitioners to always keep abreast of such judicial commentary; not least because the pro forma freezing orders found in the Practice Direction to Part 25 and the Court Guides can differ, and are not themselves immune from criticism.’Freezing …
Continue reading "CPR: Coming in from the cold"
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