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Part V Effective Enforcement, 17 Preserving Judgment Assets

From: International Commercial Litigation (2nd Edition)

Richard Fentiman

From: Oxford Legal Research Library (http://olrl.ouplaw.com). (c) Oxford University Press, 2023. All Rights Reserved.date: 22 May 2024

Subject(s):
Litigation risk — Fraud — EU Free Trade Area Rules — Jurisdiction — Freezing orders
17.01 A defendant may attempt to conceal or dissipate its assets, before or after judgment, so that any money judgment obtained by the claimant would be ineffective. A claimant is unlikely to commence proceedings unless the resulting risk of non-enforcement is removed. Two operations are central to the avoidance of enforcement risk: locating a defendant’s assets, and preserving those assets pending execution of any final judgment. In English law orders may be obtained requiring the disclosure of a defendant’s assets, and to prevent their concealment, movement or...
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