Litigation Notes
Tag: freezing orders
Showing 20 out of 20 results
Court of Appeal clarifies jurisdiction to order disclosure in support of freezing injunctions
Very often, when seeking to obtain a freezing injunction, the true extent of the defendant's assets is unclear. Complex and opaque offshore corporate or …
Court of Appeal confirms test for fortification of cross-undertaking in damages
The Court of Appeal has upheld an order requiring the claimant to fortify its cross-undertaking in damages after it obtained a worldwide freezing order …
Court of Appeal confirms company assets fall outside direct scope of freezing injunction against company's owner
The Court of Appeal has clarified the definition of "assets" for the purpose of the standard form freezing injunction, confirming that assets belonging …
UK Supreme Court confirms FSA not required to give cross-undertaking in damages
In a judgment handed down yesterday, the Supreme Court held that there is no general rule that an authority such as the FSA, seeking an injunction …
Corporate fraud, investigations and asset recovery update
Our summer fraud update has been published, with articles on the following: Delaying asset disclosure under worldwide freezing orders: No more pulling …
High Court revisits the jurisdictional scope of freezing injunctions against third parties
It has long been held that the English court has power to grant a freezing injunction against a third party (against whom no claim lay), provided that it …
House of Lords rules in favour of banks served with injunctions
The House of Lords has today held in HM Commissioners of Customs and Excise v Barclays Bank plc [2006] UKHL 28 that a bank, when served with a freezing …
Court of Appeal lays down new guidelines on seeking permission to enforce worldwide freezing orders overseas: the Dadourian guidelines
The Court of Appeal has laid down new guidelines on how the court should exercise its discretion when considering whether to permit a party to enforce a …