In an exhaustive judgment, Flaux J found in Boreh v Republic of Djibouti that the court had been misled by a solicitor and his client both at the without notice stage, when applying for a freezing injunction, and then subsequently inter partes. Even when challenged, the deception of the court, and the other party, was … Continue reading Injunctions: duty not to mislead the court

In Stichting Shell Pensioenfonds v Krys and another (British Virgin Islands) [2014] UKPC 41, the Privy Council considered the question of whether, when a company is being wound up in the jurisdiction where it is incorporated, an anti-suit injunction should be issued to prevent a creditor from pursuing proceedings in another jurisdiction which are calculated … Continue reading Anti-suit injunctions in insolvency proceedings

In Alliance Bank JSC v Zhunus, Mr Justice Cooke discharged a worldwide freezing order and an order giving permission to serve out of the jurisdiction where (1) the underlying claim was time-barred as a matter of Kazakh law; and (2) the claimant had made material non-disclosures at the without notice hearing of the injunction application. … Continue reading Discharge of worldwide freezing order: test of “materiality” of non-disclosure

In Enterprise v Europcar, Arnold J held that the geographical scope of an injunction granted to restrain trade mark infringement and of the inquiry as to damages should be limited to the UK, even though the case involved a European Community trade mark. The court also granted the claimant a publicity order for three months. … Continue reading Community trade mark injunction restricted to the UK

In JSC Mezhdunarodniy Promyshlenniy Bank v Pugachev, the Court of Appeal considered a number of issues arising out from a freezing order which had been granted in support of Russian proceedings. Most notably, the court confirmed that: it had jurisdiction under the disclosure provisions in the freezing order to order the member of a class … Continue reading Freezing orders, discretionary trusts and unlimited cross-undertakings

In Standard Chartered Bank v Zungera Power Ltd, the High Court considered an application made by Standard Chartered Bank Limited (“SCB”) to set aside an order whereby a Deputy Master had ordered that a freezing injunction with ancillary disclosure order made by a court in Nigeria should be registered as an English judgment under the … Continue reading High Court refuses to register Nigerian freezing injunction as English judgment

In JSC VTB Bank v Skurikhin [2014] EWHC 4613 (Comm), Pavel Skurikhin was sentenced to 12 months’ imprisonment for contempt of court after failing to comply with disclosure obligations contained within a freezing order. This judgment demonstrates the potentially serious consequences of breaching a freezing order, but also notes that a breach must be extremely … Continue reading Reminder of the potentially serious consequences of breaching a freezing order

On 16 and 17 March 2015, the Supreme Court will hear an appeal against the Court of Appeal’s decision in JSC BTA Bank v Ablyazov [2013] EWCA Civ 928. The case forms part of a long-running, complex and quite exceptional litigation involving Mukhtar Ablyazov, which Christopher J, in an earlier judgment, described as “extraordinary litigation … Continue reading Supreme Court to consider whether choses in action are “assets” within meaning of standard form freezing order