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Simon Davies
Partner | Legal
Guernsey
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Simon Davies
Partner
Guernsey
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Insight
11 September 2020
Guernsey
1 min read
Simon Davies
Team: Sandie Lyne
ON THIS PAGE
Where a potential judgment debtor in "onshore" proceedings threatens to dissipate its assets, the plaintiff may face a Pyrrhic victory with no assets against which to enforce its judgment. Where the defendant is a Guernsey company or has assets in Guernsey, the Royal Court of Guernsey has a statutory jurisdiction to grant an injunction in aid of those foreign proceedings including freezing injunctions to prevent defendants dealing with the relevant assets in Guernsey.
The relevant statutory provision indicates that injunctions in aid of foreign proceedings may be granted in "exceptional circumstances" which the Court of Appeal has considered simply means that the court should exercise caution before granting any such injunction.
The Royal Court will apply American Cyanamid principles. Accordingly, the plaintiff must provide full and frank disclosure to the court and establish that:
An application may be made ex parte on short notice to the defendant or, in exceptional cases, with no notice. A defendant who breaches the order will be in contempt of court.
Ancillary disclosure orders are also available e.g. to provide sworn evidence of assets within the jurisdiction.
Ogier has acted on numerous injunctions in support of both foreign and domestic proceedings.
Simon Davies
Partner | Legal
Guernsey
Simon Davies
Partner
Guernsey
Contact Simon
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Sandie Lyne
Partner | Legal
Guernsey
Sandie Lyne
Partner
Guernsey
Contact Sandie
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Ogier is a professional services firm with the knowledge and expertise to handle the most demanding and complex transactions and provide expert, efficient and cost-effective services to all our clients. We regularly win awards for the quality of our client service, our work and our people.
This client briefing has been prepared for clients and professional associates of Ogier. The information and expressions of opinion which it contains are not intended to be a comprehensive study or to provide legal advice and should not be treated as a substitute for specific advice concerning individual situations.
Regulatory information can be found under Legal Notice
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