In March 2017, the liquidators commenced two sets of proceedings – the Company action and a Part 7 Claim. For both actions, the liquidators sought inter alia a disclosure of the bank statements and all documents in respect of any fund held or controlled by them relating to the Reclaim certificate holders and a declaration that the funds held or controlled by LAP or Mr. Garcia are assets of Reclaim or held for the benefit of Reclaim. The liquidators further sought an order for the funds to be transmitted to Reclaim/the liquidators.
As both Mr. Garcia and the law firm are domiciled in Spain, the liquidators sought permission to serve the respective claims in Spain. On 9 May 2017, permission was granted to serve the respective claims in Spain on LAP and Mr. Garcia. The judge, Jack J further ordered that LAP and Mr. Garcia disclose, within 28 days of service, copies of the bank statements and all other documentation in their possession in respect of any funds held or controlled by them relating to Reclaim certificate holders and that the liquidators be permitted to make inquiries and applications within and without this jurisdiction for information and/documentation.
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