Category: freezing injunctions

Clarity on the Merits Threshold for Freezing Injunctions: the Court of Appeal in Isabel dos Santos v Unitel S.A. – The 36 Group

Posted October 16th, 2024 in appeals, chambers articles, costs, freezing injunctions, injunctions, loans, news by tracey

‘By a Judgment handed down on 30 September 2024 the Court of Appeal dismissed an appeal by Ms Isabel dos Santos against a worldwide freezing order (WFO) and a consequential costs order granted against her by Bright J on 20 December 2023. The Judgment provides welcome clarity in the wake of conflicting authority on the proper approach to the merits threshold for obtaining a freezing injunction, and also confirms the approach to be taken on costs.’

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The 36 Group, 9th October 2024

Source: 36group.co.uk

A rose by any other name: ‘a good arguable case’ in Isabel dos Santos v Unitel – 4 New Square

Posted October 16th, 2024 in appeals, chambers articles, freezing injunctions, injunctions, news by tracey

‘In this article, 4 New Square Chambers’ Seohyung Kim analyses a recent Court of Appeal judgment that restates and clarifies the law regarding freezing injunctions.’

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4 New Square, 2nd October 2024

Source: www.4newsquare.com

Court of Appeal—inexpedient to grant freezing injunction in support of purely foreign proceedings (Mex Group Worldwide Ltd v Ford) – Gatehouse Chambers

Posted September 5th, 2024 in brexit, chambers articles, foreign jurisdictions, freezing injunctions, news, Scotland by sally

‘The Court of Appeal considered an appeal against the decision at a return date to set aside a worldwide freezing order made without notice, as against a number of defendants.’

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Gatehouse Chambers, 28th August 2024

Source: gatehouselaw.co.uk

Appeal judge bemoans ‘trench warfare’ of litigation tactics – Law Society’s Gazette

Posted August 12th, 2024 in case management, disclosure, freezing injunctions, news, Scotland by tracey

‘The Court of Appeal has thrown out a freezing order challenge in a ruling where two judges made scathing criticisms of disclosure failings.’

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Law Society's Gazette, 9th August 2024

Source: www.lawgazette.co.uk

Case Analysis: Lakatamia fails in latest unlawful means conspiracy claim (Lakatamia Shipping Company Ltd v Su and others) – Gatehouse Chambers

Posted August 8th, 2024 in chambers articles, contracts, dispute resolution, freezing injunctions, news, unlawful means conspiracy by sally

‘Dispute Resolution analysis: A long-standing judgment creditor has failed in largely undefended claims for unlawful means conspiracy and the Marex tort in a judgment which shines significant light on the approach of the Court to claims which are not actively defended.’

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Gatehouse Chambers, 26th July 2024

Source: gatehouselaw.co.uk

Court allows firm to take £386k in fees from frozen client account – Legal Futures

Posted April 30th, 2024 in client accounts, debts, fees, freezing injunctions, law firms, news, third parties by tracey

‘A law firm can be paid from monies held in its client account despite them being subject to both a freezing order and a third-party debt order, the High Court has ruled.’

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Legal Futures, 30th April 2024

Source: www.legalfutures.co.uk

To Babanaft or not to Bananaft – the extra jurisdictional effect of an anti-suit injunction (Renaissance Securities (Cyprus) Ltd v Chlodwig Enterprises Ltd) – Gatehouse Chambers

Posted March 20th, 2024 in arbitration, chambers articles, company law, dispute resolution, freezing injunctions, injunctions, news by sally

‘The court was considering the appropriate form of order continuing an anti-suit injunction (previously made without notice).’

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Gatehouse Chambers, 5th February 2024

Source: gatehouselaw.co.uk

Sanctioned company has “right to access courts”, appeal judges rule – Legal Futures

Posted October 10th, 2023 in brexit, costs, freezing injunctions, news, Russia, sanctions, stay of proceedings by sally

‘The Court of Appeal has rejected a Russian tycoon’s bid to stay an $850m claim brought against him by two Russian banks, despite one of them being sanctioned, citing the right to access the courts.’

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Legal Futures, 9th October 2023

Source: www.legalfutures.co.uk

‘Court rent accounts’, McKenzie Friends and allegedly inducing breach of contract. – Nearly Legal

Posted August 10th, 2023 in contracts, freezing injunctions, McKenzie friends, news, rent, repossession by tracey

‘Katrina McCarthy was apparently acting as a McKenzie Friend for a Notting Hill Genesis tenant. Notting Hill assert that in the course of “assisting” the tenant, Katrina McCarthy “induced the tenant to start paying his rent directly into her own bank account. She had represented to the tenant that she would then transfer the funds into a “court rent account” so that he could “offset” his rent whilst a disrepair dispute with Notting Hill was resolved.” ‘

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Nearly Legal, 9th August 2023

Source: nearlylegal.co.uk

Freezing injunctions are permitted without an underlying cause of action, rules Privy Council – Littleton Chambers

Posted November 4th, 2021 in foreign jurisdictions, freezing injunctions, injunctions, news, Privy Council, service out of jurisdiction by sally

‘On 4 October 2021, Privy Council handed down a landmark judgment in Convoy Collateral Ltd v Broad Idea International Ltd and Cho Kwai Chee [2021] UKPC 24. Lord Leggatt’s majority judgment provides the first comprehensive legal foundation for freezing and interim injunctions, and removes many of the restrictions imposed on injunctions by previous cases.’

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Littleton Chambers, 7th October 2021

Source: littletonchambers.com

Businessman sues police for alleged misconduct after £1.6m in assets frozen – The Independent

Posted March 31st, 2021 in fraud, freezing injunctions, misfeasance in public office, news, police by tracey

‘An international businessman is suing a British police force for alleged misconduct in the handling of a case against him, in what has been described as one of the biggest legal actions of its kind in this country. Ildar Sharipov, the owner of an international currency business, began proceedings against Merseyside Police after £1.6m in his UK bank accounts was frozen in an investigation about the sales of two cars, a plane ticket to Nigeria and a number of investments.’

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The Independent, 30th March 2021

Source: www.independent.co.uk

Cryptoassets – Obtaining English Freezing and Proprietary Injunctions in Relation to Cyberfraud – Littleton Chambers

Posted November 10th, 2020 in computer crime, conflict of laws, cryptocurrencies, fraud, freezing injunctions, injunctions, news, theft by sally

‘The theft and misappropriation of cryptoassets, typically Bitcoin, Ethereum and other virtual cryptocurrencies, by fraudsters is becoming increasingly common, and thus the subject-matter of civil fraud litigation. This article considers how parties can obtain the “nuclear weapon” of the worldwide proprietary or freezing order against cryptoassets.’

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Littleton Chambers, 13th October 2020

Source: littletonchambers.com

The costs of freezing order applications – Littleton Chambers

Posted October 28th, 2020 in chambers articles, costs, freezing injunctions, injunctions, news by sally

‘The question of what costs order should follow the grant of interim injunctive relief is of obvious practical significance to parties. While costs will generally be awarded against the applicant if interim relief is refused, the costs position after a grant of relief is far less predictable. Cases can be found where judges have made costs orders against respondents, or where costs issues have been deferred until trial. Most turn on their own facts and procedural histories.’

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Littleton Chambers, 21st October 2020

Source: littletonchambers.com

Wife in one of Britain’s largest-ever divorce cases succeeds in latest enforcement action against her former husband – Family Law

Posted March 12th, 2020 in divorce, financial provision, freezing injunctions, insolvency, joinder, jurisdiction, news by tracey

‘In this article, we look at the recent decision in the ongoing and highly publicised divorce case of Akhmedova v Akhmedov. This decision is the latest in a long run of enforcement cases brought by the wife against her former husband, who, in 2016, was ordered to pay her one of the largest reported financial settlements in England. While the judge was critical of the husband’s reorganisation of his assets to put and keep them beyond the wife’s reach, this is not the end of the road for this case. This judgment is simply another stepping-stone towards the wife realising the award she is entitled to.’

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Family Law, 11th March 2020

Source: www.familylaw.co.uk

Privatbank v Kolomoisky and ors – Blackstone Chambers

Posted October 29th, 2019 in enforcement, freezing injunctions, joinder, judgments, jurisdiction, news by sally

‘The case concerns an alleged scheme perpetrated by the defendants to misappropriate c. US$2 billion from the Bank. The Bank alleged that the scheme was orchestrated by Ds 1 and 2, Ukrainian “oligarchs” domiciled in Switzerland, with the assistance of English and BVI companies through which the Bank alleged that misappropriated monies were laundered. The Bank sued Ds 1 and 2 and the BVI companies in England, using the English companies as “anchor defendants”. It sought, and was granted by Nugee J, a Worldwide Freezing Order in the amount of US$2.6 billion.’

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Blackstone Chambers, 22nd October 2019

Source: www.blackstonechambers.com

Legal Expenses and Variations for Living Expenses in Account Freezing Orders (AFOS) – Drystone Chambers

Posted October 29th, 2019 in expenses, fees, freezing injunctions, news, proceeds of crime by sally

‘This article will deal with how to withdraw legal and living expenses from an Account Freezing Order (‘AFO’). Like all freezing or restraint proceedings under the Proceeds of Crime Act 2002 (‘POCA’), living expenses can be paid from the account where they are reasonable and continue the current lifestyle of the owner of the account.’

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Drystone Chambers, October 2019

Source: drystone.com

Imprisoned former LiP fails Denton test over appeal four months late – Law Society’s Gazette

Posted October 22nd, 2019 in appeals, delay, freezing injunctions, injunctions, litigants in person, news, notification, time limits by tracey

‘Lawyers have become used to running the gauntlet of the Denton test for relief from sanctions – but now the yardstick for out-of-time applications has resulted in a litigant staying behind bars.’

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Law Society's Gazette, 22nd October 2019

Source: www.lawgazette.co.uk

The duty of full and frank disclosure in worldwide freezing orders and service out applications (Tugushev v Orlov (No. 2)) – Hardwicke Chambers

Posted August 29th, 2019 in disclosure, freezing injunctions, news, service out of jurisdiction, unlawful means conspiracy by sally

‘The most recent episode in litigation between two Russian Oligarch involving an application to set aside a World-wide Freezing Order (“WFO”) and permission for service out of jurisdiction (“Service Out Order”) for failures in the duty of full and frank disclosure (“the Full and Frank Duty”).’

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Hardwicke Chambers, 9th August 2019

Source: hardwicke.co.uk

High Court allows cross examination of Defendant on a worldwide freezing order concerning asset disclosure – No. 5 Chambers

Posted August 29th, 2019 in cross-examination, disclosure, freezing injunctions, news by sally

‘On 27 June 2019 in the English High Court in Kazakhstan Kagazy Plc & 5 Others v Baglan Abdullayevich Zhunus & Others [2019] EWHC 1693 (Comm) 2019 WL 02746548; the High Court re-examined the principles on which a Defendant can be cross-examined on their assets where there had been a disclosure order pursuant to a worldwide freezing order (‘WFO’).’

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No. 5 Chambers, 1st August 2019

Source: www.no5.com

Koza Ltd & Anor v Akcil & Ors [2019] EWCA Civ 891 – Hardwicke Chambers

Posted July 3rd, 2019 in company directors, expenses, freezing injunctions, news, undertakings by sally

‘The first Appellant/Claimant (‘Koza Ltd’) was a company incorporated in England and Wales, of which the Second Appellant/Claimant, ‘Mr Ipek’ was sole director. Koza Ltd was incorporated in March 2014 and capitalised with £60 million provided by the Respondent/Defendant (“Koza Altin”), its parent and 100% owner, to undertake mining operations outside Turkey.’

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Hardwicke Chambers, 27th June 2019

Source: hardwicke.co.uk