Tatiana has commenced civil proceedings in Liechtenstein to seek the recovery of assets (the Artwork and Monetary Assets) which were transferred to Liechtenstein trusts
Key events
On 28 December 2016, Tatiana commenced proceedings in Liechtenstein against Qubo 1 and Qubo 2 to enforce the Financial Remedies Order. Tatiana relied upon the order as being a “public deed” to establish a prima facie title against Qubo 1 and Qubo 2.
On 28 December 2016, the Liechtenstein court granted a freezing order against both Qubo 1 and Qubo 2. Challenges to that order were ultimately rejected by the Liechtenstein Court of Appeal on 22 March 2018 and by the Liechtenstein Constitutional Court on 5 February 2019. The Artwork is therefore frozen.
On 3 July 2017, the Liechtenstein Constitutional Court held that the Financial Remedies Order infringed ordre public and therefore could not be relied upon to support a prima facie title in Liechtenstein. This was because, in that court’s view, Qubo 1 and Qubo 2 did not have notice of the proceedings before judgment was entered against them. The breach of ordre public did not relate to the substance of the Financial Remedies Order and Financial Remedies Judgment.
The refusal to recognise the Financial Remedies Order as a prima facie title meant that, on 19 September 2019, Tatiana had no choice but to submit a fresh claim on the merits in Liechtenstein against Qubo 1 and Qubo 2. Had she not done so, the freezing order over the Artwork would have lapsed. She seeks in these proceedings to replicate the relief already granted against Qubo 1 and Qubo 2 in the Financial Remedies Order.
A preliminary hearing is presently planned for the first week of November 2020. Due to the various appeal processes available in Liechtenstein, it will likely take a number of years before the substantive claim is finally resolved.