Court of Appeal clarifies whether a fledgling business can be pursued when a freezing injunction has been ordered

In the recent case of Orange Grape Spirit Limited v Nueva IQT [2020] EWHC 1837 (Ch), the Court of Appeal has clarified that, in the absence of an established pattern of trading, expenditure pursuing a fledgling business is unlikely to fall within the “ordinary and proper course of business” exception to freezing injunctions. The court can however … Read more

Court of Appeal considers whether “ordinary and proper course of business” undertaking prevents financing ICSID case and funding extradition defence of company director

The Court of Appeal has overturned two High Court orders that a mining company’s proposed payments to fund litigation by related parties were not permitted under the company’s undertaking not to dispose of or deal with its funds “other than in the ordinary and proper course of its business”: Koza Ltd v Akcil & Ors … Read more