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An increasingly important tool available to victims of fraud is the civil court procedure under which an action can be commenced and injunctions obtained against defendants who are identified only as “Persons Unknown”, described only by reference to their conduct in connection with the wrongdoing. Previously used only in niche areas, such orders have recently … Read more
The Privy Council has considered the approach to assessing damages payable by an unsuccessful claimant under the standard cross-undertaking to compensate the respondent to a freezing order for any loss resulting from the order. The decision is relevant to applicants for freezing orders, who can potentially face very large claims if their substantive action fails, … Read more
In a recent judgment, the Privy Council has delivered a “ground-breaking exposition of the law of injunctions” (in the words of the Master of the Rolls), including a restatement of the test for freezing injunctions. Although the analysis is technically obiter dicta, it will be highly influential on any English or other common law court … Read more