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Practice – Pre-trial or post-judgment relief. The claimants had been granted a freezing injunction in respect of an alleged fraud perpetrated by the defendants. The second defendant had tried, unsuccessfully, to have it discharged. The Court of Appeal, Civil Division, dismissed the defendant's appeal and the claimants' cross-appeal. The issue of the claim being time-barred under Kazakh law could not have been dealt with on an interlocutory application and the judge had had a wide discretion to have made the findings that he had in respect of alleged non-disclosure of facts by the claimants. Further, the judge had been correct to have found that the first claimant had not had a good arguable case of its own based on the principle of reflective loss.
Practice – Pre-trial or post-judgment relief. The claimants had been granted a freezing injunction in respect of an alleged fraud perpetrated by the defendants. The second defendant had tried, unsuccessfully, to have it discharged. The Court of Appeal, Civil Division, dismissed the defendant's appeal and the claimants' cross-appeal. The issue of the claim being time-barred under Kazakh law could not have been dealt with on an interlocutory application and the judge had had a wide discretion to have made the findings that he had in respect of alleged non-disclosure of facts by the claimants. Further, the judge had been correct to have found that the first claimant had not had a good arguable case of its own based on the principle of reflective loss.
Our call for sufficient resources for the justice system and for the Bar to scrutinise the BSB’s latest consultation
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James Onalaja concludes his two-part opinion series
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If you are in/about to start pupillage, you will soon be facing the pupillage stage assessment in professional ethics. Jane Hutton and Patrick Ryan outline exam format and tactics
In a two-part opinion series, James Onalaja considers the International Criminal Court Prosecutor’s requests for arrest warrants in the controversial Israel-Palestine situation