First question. Can an IBC (international business company) based in malaysia but registered in brunei, which has ceased trading and has no assets, litigate in the british high court? And what would be the customer due diligence that would have to be performed by an english law firm to accept instruction and act for such a company. Reply received
If a party engaged in litigation conceals a number of material facts, and their solicitor perpetuates the concealment, what recourse does the opposition in the litigation have. In the case in question the claimant had a live damages claim (IP theft) against the defendant. The defendant company had its assets sold and ceased to trade and then had no assets. The defendant company was then represented in court and carried on defending the litigation, not revealing the change in status of the defendant company in court. Had the change of status been revealed the claimant would have ceased legal action since there was no possibility of recovering any damages awarded. Significant legal costs have been accumulated as a result.How does the claimant address this issue in court?
Here is a question that we would like answered please.
We are involved in litigation with another company and they have provided multiple witness statements which appear to be contradictory.
A critical material fact is in doubt because of the following;
1. The witness states (in a witness statement) that he has sold the assets of his company and that the details of the transaction are included in a draft contract (which is appended) to the witness statement. The draft is unsigned but he confirms that this was signed and executed shortly afterwards.
2. If the contract is executed in the same wording as the draft the company has to enter into an MVL (Members Voluntary Liquidation)
3. In later statements they contend that the company is still in existence
4. Both statements can’t be true
The two questions arising are;
1. Is the content of an unsigned contract which the person says he later signed deemed to be a statement of fact?
2. What are the implications in the litigation process if a material fact, which is fundamental to the arguments is put into doubt by the oppositions contradictory witness statements?
a. And what are the options for us to address this, I presume, Contempt of Court