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23 October 2014 / Sophia Purkis
Issue: 7627 / Categories: Features , Profession , Litigation trends
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In vogue

Committal applications are almost becoming fashionable, says Sophia Purkis

Increasingly claimants are pleading fraud and using the sanctions available to the court to enforce compliance with orders and court rules in the hope that they will assist quicker resolution of their claims. There has recently been a noticeable increase in the number of reported applications for committal in civil claims; indeed following the well-publicised case of JSC BTA Bank v Ablyazov [2014] EWHC 455 (Comm), [2014] All ER (D) 275 (Feb), such applications would appear to have become almost fashionable.

Committal applications

Committal applications can be made for a variety of misdemeanours, such as for breach of a judgment, order or undertaking, contempt in the face of the court, making a false statement of truth and interference with the due administration of justice.

In fraud cases the majority of applications arise from the breach of freezing orders, for example by failing to comply with disclosure obligations or for seeking to put assets out of the claimant’s reach. Where the defendant is a company, committal

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MOVERS & SHAKERS

Signature Litigation—Catherine Naylor

Signature Litigation—Catherine Naylor

International fraud and asset recovery offering boosted by partner hire

Stevens & Bolton—Alexa Payet

Stevens & Bolton—Alexa Payet

Private wealth disputes team adds contentious probate specialist

Morgan Lewis—Paul Feldberg

Morgan Lewis—Paul Feldberg

Firm strengthens investigations and sanctions capabilities with London partner hire

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Law firms that hold client money will need to file annual accountants’ reports and make a declaration, the Solicitors Regulation Authority (SRA) confirmed this week
Two district judges and a tribunal judge have been sanctioned for delays in delivering judgments and orders
Private equity (PE) investment into UK law firms halved to £250m last year, but deal volume rose, according to research by Acquira Professional Services’ Momentum private equity market tracker
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