Tag Archives: Freezing orders

Court of Appeal upholds order for payment of US$70 million under cross-undertaking in damages

The Court of Appeal has confirmed the court’s approach to issues of causation where a defendant applies to enforce a cross-undertaking in damages: SCF Tankers Ltd (formerly Fiona Trust & Holding Corp) v Privalov [2017] EWCA Civ 1877. A party … Continue reading

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Filed under Injunctions, Remedies

Cross-Border Litigation – international perspectives

We are pleased to publish the second issue of our periodic publication “Cross-Border Litigation”, designed to highlight legal and practical issues specific to litigation with an international aspect. Tapping into the expertise of the firm’s leading commercial litigators across the globe, the … Continue reading

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Filed under Choice of law, Courts, Disclosure, Enforcement, Fraud, Jurisdiction

Court of Appeal clarifies test for establishing existence of assets for freezing injunctions

The Court of Appeal has held that, to obtain a freezing injunction, an applicant must establish either a “good arguable case” or “grounds for belief” that assets exist. It rejected the higher threshold of a “likelihood” that assets exist, but … Continue reading

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Court of Appeal clarifies test for risk of dissipation of assets for notification injunctions

The Court of Appeal has held that a notification injunction (an order requiring a respondent to give notice of any dealings with or disposal of assets or other transactions that fall within the scope of the order) drawn in wide … Continue reading

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Supreme Court clarifies scope of “assets” covered by a freezing order

In a unanimous decision, the Supreme Court has confirmed that the right to draw down under loan agreements is caught by the expanded definition of "asset" contained in the current standard Commercial Court form of freezing order which includes "any … Continue reading

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Filed under Injunctions, Interim applications

Upcoming webinars: freezing orders, class actions and contracts

Over the next few weeks we will be delivering a number of disputes-related webinars for Herbert Smith Freehills clients and contacts, including on: what to do when you’ve been given notice of a freezing order; the increasing risk of class actions … Continue reading

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Filed under Announcements, Collective actions, Contract, Injunctions

Court of Appeal clarifies jurisdiction to order disclosure in support of freezing injunctions

Very often, when seeking to obtain a freezing injunction, the true extent of the defendant’s assets is unclear. Complex and opaque offshore corporate or trust structures may mask the true ownership of assets. A mere connection between a defendant and … Continue reading

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Filed under Fraud, Injunctions

Court of Appeal confirms test for fortification of cross-undertaking in damages

The Court of Appeal has upheld an order requiring the claimant to fortify its cross-undertaking in damages after it obtained a worldwide freezing order against the defendant: Energy Ventures Partners Ltd v Malabu Oil & Gas Ltd [2014] EWCA Civ … Continue reading

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Filed under Injunctions

Court of Appeal confirms company assets fall outside direct scope of freezing injunction against company’s owner

The Court of Appeal has clarified the definition of “assets” for the purpose of the standard form freezing injunction, confirming that assets belonging beneficially to a wholly owned company are not directly caught by an injunction against that company’s sole … Continue reading

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Filed under Injunctions

UK Supreme Court confirms FSA not required to give cross-undertaking in damages

In a judgment handed down yesterday, the Supreme Court held that there is no general rule that an authority such as the FSA, seeking an injunction in the course of its public functions, should be required to give a cross-undertaking in damages … Continue reading

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Filed under Injunctions, Remedies