Letters Blogatory

The Blog of International Judicial Assistance | By Ted Folkman of Folkman LLC

Posts tagged “UK

Case of the Day: Khrapunov v. Prosyankin

Posted on July 30, 2019

The case of the day is Khrapunov v. Prosyankin (9th Cir. 2019). Khrapunov was a defendant in an English lawsuit in which he was alleged to have misappropriated money from JSC BTA Bank, a Kazakh bank. He sought discovery from Google in the Northern District of California for use in the English case, and specifically for use in proceedings aimed at lifting injunctions the English court had issued. The judge, over objections, authorized issuance of the subpoena, and the objectors appealed. While the appeal was pending, the English court decided the injunction issue, denying Khrapunov any relief. Kharpunov’s requests for leave to appeal was denied, and the English court’s decision had become final, though he claimed he could seek to set aside the English…

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Belfast Project: UK Supreme Court to Hear McIntyre’s Appeal

Posted on June 25, 2019

The UK Supreme Court has agreed to hear the appeal of Anthony McIntyre, the former IRA member and principal researcher for the Belfast Project, the oral history project gone wrong that I covered extensively over several years. I’m not going to review the history of the case here. I’ll just say that after the UK authorities made a request for tapes that, one speculates, include McIntyre’s confessions of participation in crimes during the Troubles, and after the United States obtained and produced the tapes, McIntyre sought relief in the UK courts. So far he has been unsuccessful, although the courts have so far kept the tapes under seal until appeals are exhausted.

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Case of the Day: Libyan Investment Authority v. JP Morgan

Posted on June 18, 2019

The case of the day is Libyan Investment Authority v. JP Morgan Markets Ltd., [2019] EWHC 1452 (Comm). The LIA sued JP Morgan, alleging that a 2007 trade had been procured by fraud. The LIA moved for leave to serve process on two of the defendants, Walid Mohamed Ali Al-Giahmi and Lands Company Ltd., out of the jurisdiction. The two defendants moved to set aside the service on the grounds that the actions were barred by the statute of limitations and that the LIA had been less than frank with the court when it sought leave, ex parte, to serve process out of the jurisdiction. The court granted the motion to set aside the service.

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