Category Archives: Fraud

In CMOC Sales & Marketing Limited v Persons Unknown & 30 Others [2018] EWHC 2230 (Comm), the High Court confirmed that it has jurisdiction to grant a worldwide freezing injunction against “persons unknown”. This is the first reported judgment regarding this relief which refers to the Court having granted an interim worldwide freezing order against … Continue reading Court confirms that a Worldwide Freezing Injunction can be granted against “persons unknown”

In Gulf Air BSC v One Inflight Ltd and others [2018] EWHC 1019 (Comm), several defendants failed to have freezing orders against them set aside on the basis there was a failure to establish a risk of dissipation of assets. In April 2015, Gulf Air entered into a contact for in-flight entertainment services with Global … Continue reading High Court rejects application to set aside freezing orders in Gulf Air Fraud Case

A company applied for a worldwide freezing order against “persons unknown”. The application related to an alleged fraud which had been committed by unknown persons infiltrating the email account of one of the company’s senior management. Those persons then impersonated the senior manager to send payment instructions to other staff. As a result, a number … Continue reading Court grants a worldwide freezing order against “persons unknown” in connection with an alleged fraud

In Barclay Pharmaceuticals Ltd v (1) Antoine Mekni (2) Martine Mekni (3) Dorian Mekni (4) Anice Mekni (5) Xiaohui Wang (unreported) [2017] the Claimant obtained judgment against D1 for over £15 million as a result of a fraud. Post judgment, the Claimant obtained a freezing order over D1’s assets and also joined various members of … Continue reading Defendant subject to freezing injunction ordered to disclose source of legal funding

In Candy and others v Holyoake and another, the Court of Appeal ruled that a wide-ranging “notification injunction” granted by the High Court last year was not a distinct type of injunction.  It was, in effect, a modified version of a freezing order, and the same test of risk of dissipation of assets applied as … Continue reading Court of Appeal rules wide-ranging “notification injunction” is not a distinct type of injunction

In Khrapunov v JSC BTA Bank, the Court of Appeal has ruled that a third party who helped a defendant dissipate his assets in breach of a worldwide freezing order and receivership order is liable for conspiracy to injure by unlawful means.  Contempt of court for breach of the court order qualified as the requisite … Continue reading Court of Appeal rules contempt of court constitutes “unlawful means” in claim for conspiracy to injure

In Frederic Marino v FM Capital Partners Ltd, the Court of Appeal upheld a decision not to vary a proprietary freezing order to allow the defendant recourse to proprietary assets in order to meet his living and legal expenses.  The case can be viewed as a restatement of the principle that the subject of a … Continue reading Court of Appeal refuses request to vary freezing order to meet living and legal expenses

In Ramilos Trading Limited v Valentin Mikhaylovich Buyanovsky, the High Court rejected the applicant’s request for a Norwich Pharmacal Order (“NPO”).  In rejecting the application, Mr Justice Flaux analysed a number of independent elements that must be present in order to grant an NPO, culminating in a significant judgment which both clarifies existing ambiguities while … Continue reading Role of Norwich Pharmacal relief in foreign proceedings and new threshold test for determining if “wrongdoing” has occurred

The European Account Preservation Order (“EAPO”) Regulation will apply in EU Member States other than the UK and Denmark on 18 January 2017.  The Regulation provides creditors with the opportunity to freeze assets in participating Member States on the basis of a single application, and provides creditors with an opportunity to obtain information regarding a … Continue reading European Account Preservation Order Regulation will apply from 18 January 2017

The judgment of Lord Justice Longmore in Kazakhstan Kagazy plc and others v Zhunus and others helpfully explains that a freezing injunction may be granted in cases where a cause of action does not yet exist, provided it is possible to issue proceedings for the relief in aid of which the injunction is sought (as … Continue reading Court of Appeal decides that freezing injunction can be granted in aid of a contribution notice