Friday, June 5, 2009


Posh-Tall is back. She went to the IBA conference and spent a week in Brazil.
She looks over Clara’s originating process, makes a few edits and asks me to file.

I see Freckles at lunch. My crush’s gone but I figure it will do some good chatting over the meal, so I share his table.
We get talking while I wait for lunch. He’s on a matter whose judge has been transferred to another division. There’s a subsisting order mandating the defendant to pay the judgement sum to the court’s account. Since the matter is to start de novo, the defendants claim they are no longer under any obligation to pay the amount.
The law is that a trial de novo wipes the slate clean - all previous actions taken on the matter are deemed of no consequence and trial starts anew. What seems unclear is the status of interlocutory injunctions. The practical effect of wiping the slate clean is that where for instance, a Mareva injunction has been granted, the party against whom the order was granted can move the assets from the jurisdiction of the court.

So much for precedents.

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