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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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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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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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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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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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OffshoreAlert and IFG Partnership
We are delighted to have been invited to engage in a co-marketing Partnership with one of the industries’ most prestigious conference organisers OffshoreAlert, representing London 2023, Bangkok 2024, Miami 2024 https://www.offshorealert.com/events/ifg/ Event Information  OffshoreAlert London December 4 – 5, 2023 at the Leonardo Royal Hotel London St Paul’s 10 Godliman St., London, United Kingdom Launched
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Forteith International Symposium on Economic Crime
The International Fraud Group were delighted to sponsor the Cambridge International Symposium on Economic Crime in their 40th Year. Gary Miller, Partner and Head of Asia Desk at Mishcon de Reya LLP convened a panel on “The Impact of Culture on Fraud Investigations” and was joined by Tom Littlechild (Wells Fargo), Tyler Hodgson (The World
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A presumptuous task: interpreting “see to it” and “demand” guarantees
Guarantees have been described as the lifeblood of international commerce, but determining whether an instrument is a “see to it” or an “on demand” guarantee is not always straightforward. In this article we consider the different approaches taken by the English Commercial Court and Court of Appeal in Shanghai Shipyard Co Ltd v Reignwood International
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MUR Shipping BV v RTI Ltd: A cautionary contractual tale
In MUR Shipping BV v RTI Ltd, a decision arising in the context of a contract of affreightment, the English Court of Appeal has raised interesting questions as to the lengths commercial parties may be expected to go to in force majeure circumstances. Read the full article on Mishcon.com here.
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An inability to perform? Termination of contracts by force majeure in the context of COVID-19
In NKD Maritime Limited V Bart Maritime (No. 2) Inc the English Commercial Court considered whether a purchaser under a ship sale agreement was entitled to terminate on the basis of force majeure provisions. Our article, which you can read on Mishcon.com here, considers the dangers of wrongful termination and best practice for drafting force
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C5 Paris: Fraud, Asset Tracing & Recovery – 26-27 October 2023
We are excited to announce that we are a media partner for C5 Group’s inaugural Fraud, Asset Tracing & Recovery event that is taking place from October 26-27, 2023, in Paris. Don’t miss the opportunity to meet with the “who’s who” of the community at this truly unique, interactive program! Network and engage with Solicitors
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High Court Sets Aside Injunction Granted Against Binance
Crypto fraud losses in the UK have increased by 40% in the past year according to Action Fraud. Mishcon de Reya’s Rhymal Persad, Sofia Berggren and Philippa Rees explore Piroozzadeh v Persons Unknown, and the increase in crypto-related fraud cases brought before the English Courts. High Court sets aside injunction granted against Binance: are we going to see more
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Navigating Cross-Border Challenges
Fraud and asset recovery cases are increasingly being fought against unidentified defendants, as individuals hide behind computers, fake emails and false online personas. Rhymal Persad, Philippa Rees and Jordan Harrison of our member firm Mishcon de Reya explore the importance of disclosure orders, and the challenges of seeking them from foreign banks: Asset tracing in fraud cases: navigating
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