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    Joseph lasala and aremisoft liquidating trust

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    joseph lasala and aremisoft liquidating trust-21

    As part of the proceedings obtained mareva injunctions, declarations of legal rights separate and in addition to proceedings for damages and orders for the rectification of corporate registers. Acted as counsel Cyprus and instructing counsel in UK Courts in strongly contested litigation between shareholders of a Russian cement entity.

    The freezing injuction restrains a defendant from dealing with or disposing of or removing from the jurisdiction any or all of his assets to prevent their dissipation.

    It is considered to be an extraordinary order whereas the general rule is that there should be no execution before judgment.

    It was thus stated by Lord Denning in the Mareva case that:“…the principle applies to a creditor who has a right to be paid the debt owing to him, even before he has established his right by getting judgment for it.

    If it appears that the debt is due and owing –and there is a danger that the debtor may dispose of his assets so as to defeat it before judgment- the Court has jurisdiction in a proper case to grant an interlocutory judgment so as to prevent him disposing of those assets”.

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