Multi-jurisdictional Disputes: the Good, the Bad and the Ugly | UK
Sarah Walker and Charity Kirby of King & Spalding discuss the good, the bad and the ugly side of multi-jurisdictional disputes, offering insights into the best asset recovery strategy.
Published on 17 July 2023
Sarah Walker
Charity Kirby
The Good
Putting together a good asset recovery strategy requires several elements, including:
- completing the investigation stage thoroughly;
- working with good corporate investigators with solid experience in asset tracing;
- making sure there are proper grounds for belief as to the existence of assets;
- showing that there is a real risk of dissipation of the defendant's assets; and
- co-ordinating your strategy across all jurisdictions where injunctive relief is sought.
The Bad
Conversely, an asset recovery strategy can fail due to a number of factors, including:
- a lack of preparation and poor co-ordination with local counsels and advisers in other jurisdictions; and
- failing to tell a consistent story to all the courts involved in the dispute, which risks a breach of full and frank disclosure;
The Ugly
Multi-jurisdictional disputes can turn ugly in a number of ways, including:
- the weaponising of full and frank disclosure; and
- breaching of asset disclosure leading to penalties for contempt of court.
King & Spalding
