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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

Thackray Williams—Lucy Zhu

Thackray Williams—Lucy Zhu

Dual-qualified partner joins as head of commercial property department

Morgan Lewis—David A. McManus

Morgan Lewis—David A. McManus

Firm announces appointment of next chair

Burges Salmon—Rebecca Wilsker

Burges Salmon—Rebecca Wilsker

Director joins corporate team from the US

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