Published on: 12 April 2024
Published by a Law360 reporter
The EU General Court has set aside the first round of sanctions on Mikhail Fridman and Petr Aven, ruling that the evidence did not adequately demonstrate links to Vladimir Putin’s regime or efforts to destabilise Ukraine following Russia’s 2022 invasion. The pair—major shareholders in Alfa Group, the conglomerate behind the Russian heavyweight Alfa Bank—remain listed while their challenge to a subsequent package of measures, imposed in March 2023 after their designation, moves through the courts in a separate action.
Lawyers suggest this early win may encourage some of the other 1,700 listed people and organisations with cases before the European court, especially where proceedings in England have fizzled out. Maria Nizzero, a financial crime and security specialist at the Royal United Services Institute think tank, said the decision marks a notable departure from UK court cases, where judges have shown marked deference to decision-makers and adopted a broad view of admissible evidence. The EU court delivered its judgment weeks after the Court of Appeal dismissed challenges by two other...
When evaluating a general damages claim, the practitioner ought initially to refer to the Judicial College Guidelines (JCG)...
This Practice Note This Practice Note reviews mechanisms used in settling litigation. A Tomlin order consists of a consent order paired with a schedule. It operates to stay proceedings on terms that have been agreed. The provisions contained in the schedule may remain confidential. This Practice Note describes the scope of confidentiality attaching to the schedule and sets out how it differs from a standard consent order. Sample wording for a Tomlin order is included, alongside links to precedents, as well as guidance on court approval. It also addresses varying, setting aside and enforcing a Tomlin order, including the considerations the court will take into account when handling applications for each. Further guidance is provided on interpreting and applying the relevant provisions of the CPR; however, some courts and divisions impose very specific requirements for both drafting and approval, and for approaching the schedule and confidentiality issues. Accordingly, you must consider the particular rules and court guide provisions in the forum where your claim is proceeding when drawing up the Tomlin order...
Date [ date ] Parties [ name of Landlord ] [ of OR incorporated in England and Wales (company registration number [ number ]) with its registered office at ] [ address ] (Landlord) [ name of Tenant ] [ of OR incorporated in England and Wales (company registration number [ number ]) with its registered office at ] [ address ] (Tenant) [ [ name of Guarantor ] [ of OR incorporated in England and Wales (company registration number [ number ]) with its registered office at ] [ address ] (Guarantor) ] [ [ name of Mortgagee ] [ of OR incorporated in England and Wales (company registration number [ number ]) with its registered office at ] [ address ] (Mortgagee) ] Definitions Within this Deed, the terms below shall be interpreted as follows: [ Annual Rent • the annual sum reserved under the Lease; ] [ Insurance Rent • the Tenant’s share of the Landlord’s costs of insuring the Property (as set out in the Lease); ] Lease • the lease of the Property dated [ date ], entered into between (1) [ the Landlord OR [ name ...
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