Recent posts on our Civil Fraud and Asset Tracing Notes blog highlight two interesting decisions on freezing injunctions.
In the first, the Court of Appeal 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 – though the court can exercise its discretion to sanction expenditure falling outside that exception on a case-by-case basis, as it did in this case. Click here to read more.
In the second, the High Court granted a post-judgment worldwide freezing order against a judgment debtor who had advanced a concocted case at trial – illustrating that a party’s conduct during proceedings may in some cases be so egregious that the court will be prepared to find a risk of dissipation of assets even without clear evidence that the defendant has taken steps to dispose of his assets. Click here to read more.