You Want to be a Commercial Litigator? Here are 10 Tips

Recently, a young lawyer asked me for advice on how to generally switch practice areas to move into litigation. From my brief advice, I thought it would be useful to set out and expand on my tips. I write this especially from the lens of a commercial litigator.

These tips are shaped by my personal experience. Please feel free to suggest more tips in the comments section and where we can learn from other lawyers’ experiences.

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Persons Unknown: Asset Recovery against Unknown Fraudsters

I wrote an article entitled ‘Persons Unknown: Asset Recovery against Unknown Fraudsters in a Time of Cyber Fraud‘ published in the Malaysian Institute of Accountants publication, Accountants Today.

My article covers the areas of:

1. Preventing Dissipation: Freezing and Proprietary Injunction
2. Unknown Fraudsters: Persons Unknown Jurisdiction
3. Cryptocurrency: Can the Courts Freeze and Trace Such Assets?
4. Money Trail: Bankers Trust and Third Party Disclosure Orders
5. You’ve Got Mail: Court Papers Served by Email, Dropbox and WhatsApp

You can access the article here on the Accountants Today website.

 

First Malaysia Decision on a Persons Unknown Injunction

The High Court has issued its grounds of judgment dated 22 December 2020 in the Zschimmer & Schwarz case (now reported as Zschimmer & Schwarz GmbH & Co KG Chemische Fabirken v Persons Unknown & Anor [2021] 7 MLJ 178). The Court granted novel orders for a Mareva freezing injunction and proprietary injunction against Persons Unknown.

The Persons Unknown jurisdiction was justified in allowing for injunctive and tracing remedies against the unknown fraudster or fraudsters. The Court also allowed orders for substituted service on such Persons Unknown through email and a Dropbox link. Continue reading

Asset Recovery Asia Conference 2019: How to Choose the Right Legal Route with Limited Information

On 14 May 2019, I spoke at the Asset Recovery Asia Conference in Singapore. It was organised by Knect365 as part of its Asset Recovery series. I thoroughly enjoyed attending the conference, hearing from other fraud and asset recovery specialists, and meeting new friends.

I shared a panel with other lawyers from different jurisdictions, an investigator and a litigation funder to share our perspectives. The session was on how victims of fraud have to make a decision early on, without all the facts, about which recovery route to go down – litigation or insolvency proceedings. These strategic decisions can have implications on the remainder of the case.  I set out below some of the views I shared on the panel session. Continue reading