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ARTICLE · 11 MARCH 2024

No Penalty Without Clarity

In a recent decision of the King's Bench Division of England and Wales the Court set aside an order (O2) that extended time for compliance with an earlier disclosure order (O1).

United KingdomLitigation, Mediation & Arbitration

In a recent decision of the King's Bench Division of England and Wales the Court set aside an order (O2) that extended time for compliance with an earlier disclosure order (O1). O2, having been endorsed with a penal notice, was set aside as offending the principle that such an order should be expressed in unambiguous language so that a defendant knows what is forbidden or required.

In the matter of Wintermute Trading Limited -v- Terraform Labs Pte Limited, O1 was made under the Evidence (Proceedings in Jurisdictions) Act 1975 following a request from a judge in proceedings brought by the Securities and Exchange Commission, in the United States District Court for the Southern District of New York, in which Terraform is a defendant.

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