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 and Denmark have opted out of this legislation, this new remedy won’t be available to creditors domiciled in those jurisdictions.

The new system is designed to make it easier to identify and freeze funds in cross-border cases, where the creditor is in one Member State and the funds are held in another.  An application can be made by a creditor that has already obtained a judgment or a court settlement, or before the ‘creditor’ initiates proceedings against a debtor and up to obtaining judgment or a court settlement.  A ‘creditor’ is defined as a natural or legal person or any other entity domiciled in a Member State having legal capacity to sue or be sued and who applies for, or has already obtained an EAPO.

To read the full article please click here.

Keep reading

...
OffshoreAlert – Marbella – 19-21 June 2024
We are excited to that our sponsors Grant Thornton UK LLP, Kevin Hellard and Colin Diss are attending and sponsoring OffshoreAlert Marbella! Get ready to experience an unforgettable blend of business and pleasure at OffshoreAlert Marbella 2024! Set against the stunning backdrop of the Kempinski Hotel Bahía in Estepona, Spain, this premier event will take place from June 19-21. Join us to
Read
...
‘Project Prevenirea și Perturbarea’ (Project Prevent & Disrupt (PSP)), Press Release, STOP THE TRAFFIK
With funding from the UK Home Office and British Embassy Bucharest, as well as the International Fraud Group, STOP THE TRAFFIK (STT) launches ‘Project Prevenirea și Perturbarea’ (Project Prevent & Disrupt (PSP)), a programme aiming to disrupt sexual exploitation between Romania and the UK. Right now, the Romania to UK route is heavily run by
Read
...
IFG Flagship Fraud Conference. At the Epicenter! Hong Kong, 25th April 2024!
We were delighted at the success of our Spring Conference which was hosted in Hong Kong by Mishcon de Reya LLP in association with Karas So LLP at the Asia Society. A Welcome Address was given by our IFG Chairman Gary Miller and Kevin So, Partner at Karas So LLP which then followed Ken Peng as our Keynote speaker. We had four great panels
Read
...
Black Swan free-standing orders available in Cyprus!
Introduction ‘Black Swan’ freestanding injunctions in aid of foreign substantive proceedings, have been available in the BVI since 2010, making the BVI a very appealing jurisdiction for claimants seeking to safeguard their interests. However, in May 2020 the Eastern Caribbean Court of Appeal in Broad Idea International Limited v Convoy Collateral Limited BVIHCMAP2019/0026, directly overruled Black Swan. Then,
Read