Blue Holdings (1) Pte Ltd and Blue Holdings (2) Pte Ltd v United States was an appeal against a High Court decision to continue an interim freezing injunction which had been granted to the United States under section 25 the Civil Jurisdiction and Judgments Act 1982 (the “CJJA”) in support of forfeiture proceedings in the … Continue reading No freezing injunction in support of foreign proceedings under section 25 of the Civil Jurisdiction and Judgments Act 1982 where the purpose is to circumvent the Proceeds of Crime Act regime for relief
EU Regulation No. 655/2014, dated 15 May 2014, established a European Account Preservation Order (“EAPO”) procedure to facilitate cross-border debt recovery in civil and commercial matters. Here are eight things you need to know about the Regulation: It came into force on 17 July 2014 and will be applied by participating Member State courts from … Continue reading Eight things you need to know about the EU Regulation establishing a European Account Preservation Order procedure
For the first time, an appellate court has given clear guidance on the applicable principles for the assessment of damages under a cross-undertaking in damages. In Hone v Abbey Forwarding Ltd, the Court of Appeal considered a claim for compensation in relation to a freezing injunction that had been wrongfully obtained. At first instance, HHJ … Continue reading Approach to assessment of damages pursuant to a cross-undertaking
In Lakatamia Shipping Co Ltd v Nobu Su and others, a worldwide freezing order obtained by the claimant against the defendants stated: The defendants must not: Remove from England and Wales any of their assets which are in England and Wales up to the value of US$ 48,824,440.24; or In any way dispose of, deal … Continue reading Freezing assets of non-defendant companies of which a defendant is a shareholder/director
The applicant in Parvalorem v Oliveira was a Portuguese state-owned organization and the first respondent (a director of the second and third respondent companies) was the subject of criminal proceedings together with associated civil proceedings in Portugal. The applicant had obtained a without notice freezing order as interim relief ancillary to the Portuguese proceedings pursuant … Continue reading Should a freezing order over the domestic assets of a foreign defendant with foreign assets contain the usual exception for payments in the ordinary course of business and/or for living and legal expenses?