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Articles for the keyword(s) "Beneficially owned assets"

"The Jurisdictional Limits of Disclosure Orders in Transnational Fraud Litigation"

Campbell McLachlan, 1998

This article presents a detailed and comprehensive analysis of the development of English jurisprudence regarding disclosure orders to trace the proceeds of fraud across international jurisdictional boundaries. Against this background the author critically examines the decisions handed down by the New Zealand Court of Appeal, as well as the Judicial Committee of the Privy Council, in the Winebox inquiry case, pointing out that the real issue was one of conflicting (national) disclosure obligations and not the privilege against self-incrimination. The author sets out five propositions that are crucial to the development of transnational solutions to the problem of conflicting (national) demands re disclosure and secrecy, focusing on the distinction between original and enforcement jurisdiction and the implications thereof, as well as the position of third parties and the location of the relevant information.

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“The Court’s In Personam Jurisdiction in Cases Involving Foreign Land”

Jack Wass, 2014

This article considers the primary exception to the Mozambique rule: where a court assumes jurisdiction in personam to enforce a contractual or equitable claim concerning foreign immovable property against a defendant subject to the courts personal jurisdiction. The author suggests that within this context the orthodox English approach to questions of jurisdiction is unsatisfactory. It is suggested that modern conflict of laws principles require that English courts apply the proper law of the claim when determining whether there is a sufficient equitable or contractual obligation to invoke the courts’ in personam jurisdiction. It is the author’s view that such an approach coupled with a robust application of the forum non conveniens doctrine will promote comity, consistency and the interests of justice. The author goes on to advocate for the recognition of foreign judgments that give effect to personal obligations in relations to English land