Lincoln Caylor writes in Law360 on a recent English Court of Appeal ruling in Saleh v. Serious Fraud Office that upheld an order freezing £4.4 million allegedly obtained through a corruption scheme involving Chadian diplomats and a Canadian oil and gas company (then-Griffiths Energy). With the decision, the English court put foreign lawyers on notice that it will not be bound by sweeping orders rendered without the benefit of an adjudicative process.
In Canada, the Crown had previously withdrew its forfeiture application of the £4.4 million and the judge's order included language intended to give it worldwide effect. Lincoln says the English Court of Appeal's approach is welcome from an asset-recovery perspective and the case highlights the international nature of fraud and corruption.
Bennett Jones