Out with the old

05 March 2009 / Mark Hoyle , Cecily Crampin

Issue: 7359 / Categories: Features , Legal services , Procedure & practice , Costs

Mark Hoyle & Cecily Crampin discuss multinational enforcement of new judgments on old debts

Enforcing a judgment against fraudsters can be a long litigious battle, especially when the sums involved are large, and the fraudsters have the world in which to hide their assets.

A recent decision in the Commercial Court has sharpened a sword in the enforcement armoury. Although little known, it has long been law that a judgment creditor can sue on his debt within the limitation period to produce a new, enforceable judgment. Mr Justice Teare's decision in Kuwait Oil Tanker Company SAK & another v Al Bader & others [2008] EWHC 2432 (Comm), [2008] All ER (D) 165 (Oct) has demonstrated that this method is particularly appropriate in cases of fraud, especially when enforcement is a multinational pursuit.

A history of fraud

The action in Kuwait Oil Tanker Company SAK v Al Bader has its origins in the Iran–Iraq war, and attacks

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Out with the old

Mark Hoyle & Cecily Crampin discuss multinational enforcement of new judgments on old debts

Enforcing a judgment against fraudsters can be a long litigious battle, especially when the sums involved are large, and the fraudsters have the world in which to hide their assets.

A history of fraud

The action in Kuwait Oil Tanker Company SAK v Al Bader has its origins in the Iran–Iraq war, and attacks

If you are not a subscriber, subscribe now to read this content

If you are already a subscriber sign in

...or Register for two weeks' free access to subscriber content

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Out with the old

MOVERS & SHAKERS

Russell-Cooke—Susanna Heley

Slater Heelis—five appointments

Bolt Burdon Kemp—Natasha Orr