Year: 2016

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New European ‘Freezers’ will Provide a Fast and Effective Tool in Preserving Funds in Cross-Border Cases from January 2017
From January 2017, creditors domiciled in EU Member States that have signed up to a new European regulation will be able to avail of the new European Account Preservation Order (EAPO) which provides a novel fast track way to preserve funds held in EU bank accounts in cross-border civil and commercial disputes.  As the UK
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Court of Appeal Rules on Reverse Burden of Proof in Corruption Case
Reverse burden of proof provisions have been the subject of considerable debate both in Ireland and abroad. Recently the Court of Appeal, in a rare judgment on the interpretation of the Prevention of Corruption Act 1906, upheld a provision which imposes a reverse burden of proof in certain bribery cases. The judgment relates to an
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Putting out the fire – cracking down on illegal phoenix activity
‘We didn’t start the fire It was always burning since the world’s been turning We didn’t start the fire No, we didn’t light it, but we tried to fight it’1 The Illegal Phoenix  Illegal phoenixing is a major problem in corporate Australia.  In this post we consider what illegal phoenix activity is, how the problem
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Data Protection in Dubai
The issue of data protection is one that has been attracting increased awareness in recent years, partly due to the ease with which it is now possible to share data. In the Internet age, data can easily be passed from one organization to the next, but this does create some problems. A number of governments
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UAE Bankruptcy Law, an update from Davidson & Co
Last month, the UAE government advised that the long-awaited bankruptcy law might be finalised by the end of this year. The new law, which has been drafted since 2011, is said to incorporate elements of the French, German and US insolvency systems. The UAE’s commercial, banking and legal sectors have been eagerly-anticipating the reform of
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Freezing Orders Explained – an update from McCullough Robertson
Victims of white collar crime, whether large or small businesses, can all face a real dilemma when the crime is discovered – can we get our money back? The answer may be to obtain an asset freezing order from the Courts. Such an order is a critical weapon in the fight against white collar crime.
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Queensland: A fraudulent State of mind? Jail time for former Kleenmaid and Wickham Securities directors
In recent months the Queensland District Court has found the directors of two former Queensland based companies guilty of fraud.  This will hopefully bring a small amount of relief to those who have suffered at the hands of the fraudulent directors in question. Kleenmaid The first case, relating to the Kleenmaid Group of companies, is
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