In Michael Wilson & Partners Limited v John Forster Emmott, the Court of Appeal considered whether rental and loan payments fell within the “ordinary and proper course of business” exception to a freezing order. Background Michael Wilson & Partners Limited (“MWP”) is a company incorporated in the BVI that provides legal and business consultancy services, … Continue reading Rental and loan payments were not in breach of freezing order
In Metropolitan Housing Trust Ltd v Taylor and others, the High Court confirmed that it had jurisdiction to continue a freezing order pending an application to the Court of Appeal for permission to appeal. That jurisdiction was, however, subject to a number of conditions, including that the appeal had a real prospect of success. Background … Continue reading Freezing orders pending an appeal – what jurisdiction does the High Court have?
On 27 October 2015, Mr Justice Blake set aside an injunction granted in defamation proceedings brought by Vladimir Bukovsky against the Crown Prosecution Service (“CPS”). In doing so, he considered a number of issues relating to freedom of expression, the duties of the press and proportionality. Background The proceedings were brought by Mr Bukovsky after … Continue reading Injunction set aside in libel case
A recent High Court decision (Metropolitan Housing Trust Ltd v Taylor and others) has rendered the general test of a good arguable case insufficient to justify a freezing order where dishonesty is alleged and argued to be – in and of itself – evidence of a risk of dissipation of assets. In such cases, the … Continue reading Arguable case of dishonesty needed for freezing order where dishonesty alleged in support of dissipation