Rupert Reed KC and Max Marenbon write for ThoughtLeaders4 Dispute Magazine Issue 14: ‘Attendance Orders against “officers”, how wide may the net be thrown?’
In the latest issue of ThoughtLeaders4 Disputes Magazine, Rupert Reed KC and Max Marenbon collaborate to write "Attendance Orders against 'officers', how wide may the net be thrown?"
Orders that a judgment debtor attend court for examination about their assets or means to satisfy an unpaid judgment debt (“Attendance Orders”) are a vital enforcement tool in many common law jurisdictions. Available in England and Wales, the Dubai International Financial Centre (DIFC) Courts, and other common law jurisdictions, Attendance Orders are of value precisely because the judgment debtor is at risk of committal for contempt if they lie or mislead, and can be cross-examined on answers that are partial or evasive. However, where the debtor is a corporate entity, although Attendance Orders are typically available against its “officers”, creditors seeking an Attendance Order can face additional challenges when seeking to enforce in an international commercial context.
The piece was first published with ThoughtLeaders4 Dipsutes Magazine.