The claimant had obtained judgment against the defendant for US$60m, and had sought a Mareva injunction against the defendant republic’s assets and against the assets of companies through which it operated in the UK. The claimant now appealed against the refusal of the court to hear their application ex parte.
Held: The appeal failed: ‘This is not the original creditor pursuing his debtor immediately on the failure to pay. This is an old debt assigned, where difficulties with enforcement were well understood and had been well understood for many years and where, as the history demonstrated, the Congo had been taking the steps which I have previously described; in some cases, as I understand the judgment of Tomlinson J, with the approval of certain of the bank creditors who were parties to the original loan agreements’, and as an appellate court it could not fault the decision of the judge on the material before him.
Judges:
Waller LJ, Kay LJ
Citations:
[2003] EWCA Civ 709
Links:
Jurisdiction:
England and Wales
Citing:
Appeal from – Kensington International Ltd v Republic of The Congo ComC 16-Apr-2003
. .
Cited by:
See Also – Kensington International Ltd v Republic of the Congo; Glencore Energy UK Limited, Sphynx UK Limited, Sphynx (BDA) Limited, Africa Oil and Gas Corporation, Cotrade SA (Third Parties) ComC 28-Nov-2005
The claimant had taken an assignment of debts owed by the defendant, and obtained judgment in US$121m. They sought to enforce the judgment and obtained third party debt orders against the parties listed.
Held: Officers in the third party . .
See Also – Kensington International Ltd and Another v Republic Of the Congo ComC 26-May-2006
. .
See Also – Kensington International Ltd v Republic of Congo and Another ComC 20-Jul-2006
The claimant sought leave to cross examine an officer of the defendant in connection with his affidavit sworn in search order proceedings. The case had a history of deceit and dishonest oral evidence.
Held: Though such an order would be . .
See Also – Kensington International Ltd v Republic of the Congo ComC 13-Jul-2007
. .
See Also – Kensington International Ltd v Republic of Congo CA 7-Nov-2007
The defendants appealed against orders requiring them to disclose documents in an action regarding the payment of bribes, saying that the requirement effectively required them to incriminate themselves.
Held: The appeal failed. The public . .
Lists of cited by and citing cases may be incomplete.
Banking
Updated: 07 June 2022; Ref: scu.182589
