Writing in NLJ this week, Tom Clark, Jack Barlow and Taronish Mistry of Stewarts argue that cross-border enforcement has become more challenging, even though legal frameworks remain broadly effective.
They explain that sanctions, particularly those linked to the US financial system, increasingly create practical barriers, while sophisticated ownership structures make asset tracing harder. Even so, they contend the law continues to adapt through disclosure orders, tracing remedies and greater transparency in offshore jurisdictions.
The authors reject claims of systemic decline, suggesting disputes themselves have simply become larger and more complex. Their key message is that ‘enforcement is no longer solely a question of legal entitlement’ but careful strategy can still deliver results.
