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 County Court Remedies Regulations 2014 came into force on 22 April 2014, conferring additional powers on the County Court in relation to freezing injunctions and search orders. The 2014 Regulations replaced 1991 Regulations of the same name, which expressly removed the court’s jurisdiction to grant freezing injunctions. There is no equivalent provision in the … Continue reading The County Court Remedies Regulations 2014: new powers for the new unified County Court
In Kazakhstan Kagazy plc v Arip, Mr Arip, the director and CEO of the parent company of a substantial group of companies (in the business of logistics and recycling in Kazakhstan) appealed against the Commercial Court’s refusal to discharge a freezing injunction made against him. Mr Arip was accused of participating in two large frauds, … Continue reading Court of Appeal refuses application to discharge freezing injunction and clarifies test
In AB v CD, the Court of Appeal held that a party which applies for an interim injunction to prevent a breach of contract may argue that damages will not constitute an adequate remedy where there are contractual terms which exclude or limit liability for loss that would be caused by such a breach. The … Continue reading Whether damages constitute an adequate remedy where there is a contractual provision limiting damages
Credit Suisse Trust v Banca Monte Dei Pasche Di Siena involved two separate but linked applications for Norwich Pharmacal orders against Italian banks. Norwich Pharmacal orders allow the applicant to obtain information from a third party mixed up in the proceedings to identify, and therefore allow for a claim against, the wrongdoer. A trust, of … Continue reading Jurisdiction to grant Norwich Pharmacal order against a party outside the jurisdiction if they have a branch within it
Unusually, in AAH Pharmaceuticals Ltd v Mercury Pharmaceuticals Ltd and another, the High Court has granted an ex parte mandatory interim injunction. The courts are often reluctant to make such an order, because where the defendant is ordered to take a positive step at an interim stage, there is a greater risk of injustice to … Continue reading Court grants ex parte mandatory interim injunction
In Georgian American Alloys Inc v White & Case LLP, the court granted a permanent injunction to prevent a firm of solicitors from acting for or advising Mr Victor Pinchuk in multi-billion dollar proceedings brought by Mr Pinchuk in the Commercial Court. The judgment illustrates the high threshold required to satisfy the court that sufficient … Continue reading Permanent injunction to prevent solicitors acting in a Commercial Court action
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?