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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

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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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