In Ras Al Khaimah Investment Authority and others v Bestfort Development LLP and others, the High Court gave guidance on the procedure when applying for interim relief (here, a freezing injunction) in support of foreign proceedings under section 25 of the Civil Jurisdiction and Judgments Act 1982 (“s. 25”).
The main question was whether a claim form ought to be issued by the applicants. The judge noted:
- Part 25 of the Civil Procedure Rules (“CPR”) deals with the grant of interim remedies, including freezing injunctions. CPR Rule 25.2(3) states “Where it grants an interim remedy before a claim has been commenced the court should give directions requiring a claim to be commenced”. This made sense because the claim provides a vehicle for an application for an interim remedy and the existence of the claim enhances the court’s ability to control the proceedings. Rule 25.2(3), however, did not apply to claims brought in a foreign jurisdiction. Part 25 was only concerned with claims in this jurisdiction;
- Where the court was granting relief under s. 25, instead of giving directions requiring a claim to be commenced, the proper approach was to include in the order an undertaking that proceedings would be issued in the foreign jurisdiction (as mentioned in White Book note 25.4.2); and
- The general rule in CPR Rule 25.4(2), that an application for an interim remedy in (among others) a s. 25 case must be made in accordance with Part 23 of the CPR (i.e. by application notice), was overridden in the Commercial Court by paragraph F15.15 of the Admiralty and Commercial Courts Guide, such that where the paragraph applies a Part 8 claim form must be used.
Applying this guidance to the current case (which is being heard in the Chancery Division and not the Commercial Court), the applicants did not need to issue a Part 8 claim form; instead they would need to include in the injunction order an undertaking to issue proceedings in the foreign jurisdiction.
Ras Al Khaimah Investment Authority and others v Bestfort Development LLP and others  EWHC 1955 (Ch)
Stephanie Beams (Work Placement Intern)