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05 March 2009 / Mark Hoyle , Cecily Crampin
Issue: 7359 / Categories: Features , Legal services , Procedure & practice , Costs
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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 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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MOVERS & SHAKERS

NLJ Career Profile: Stephen Ward, The Barrister Group

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NEWS
The Law Society RFC Festival of Sport returns next month, bringing together legal and financial services professionals for one of the sector’s largest annual sporting events
Legal aid deserts leave almost one in four without adequate access to justice
The Solicitors Regulation Authority (SRA) has warned solicitors and law firms that using artificial intelligence does not alter their professional obligations, amid concerns over inaccurate legal material and client confidentiality
From forgotten interest claims to case-management appeals, a string of procedural developments offers useful—and occasionally cautionary—lessons for practitioners

Jonathan Fisher KC highlights that it now accounts for around 40% of criminal offences, with roughly 70% involving technology, and argues that the UK cannot simply prosecute its way out of the problem. Detection, investigation and prosecution all require improvement, while different fraud types demand tailored responses.

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