freezing injunctions – Page 4

VTB Capital plc v Nutritek and others – WLR Daily

Posted February 7th, 2013 in appeals, banking, corporate veil, freezing injunctions, law reports, loans, misrepresentation, service out of jurisdiction, Supreme Court by sally

VTB Capital plc v Nutritek and others [2013] UKSC 5; [2013] WLR (D) 41

“Where a claimant alleged that it had been induced by the fraudulent misrepresentations of a third party to enter a contract with a company, and sought to make a contractual claim against the third party as being jointly and severally liable with the company, it was not appropriate for the court to pierce the corporate veil, even if it could do so on appropriate facts, since to do so would render the third party liable as if he had been a co-contracting party with the company when he had not, and when none of the contracting parties, including the claimant, had intended that he should be.”

WLR Daily, 6th February 2013

Source: www.iclr.co.uk

VTB Capital plc (Appellant) v Nutritek International Corp and others (Respondents) – Supreme Court

Posted February 6th, 2013 in appeals, banking, freezing injunctions, law reports, loans, misrepresentation, service out of jurisdiction, Supreme Court by sally

VTB Capital plc (Appellant) v Nutritek International Corp and others (Respondents) [2013] UKSC 5 | UKSC 2012/0167 (YouTube)

Supreme Court, 6th February 2013

Source: www.youtube.com/user/UKSupremeCourt

Follow the money… – NearlyLegal

Posted August 6th, 2012 in costs, damages, freezing injunctions, landlord & tenant, news, sentencing by sally

“The difficulties in many cases against private landlords, not least unlawful eviction cases, do not end with trial and judgment. Realising damages and costs awards can be a fraught,complex and time consuming matter. This case is a prime example. It is a lengthy tale, but sadly not untypical in its twists and turns. It is also a useful case on quantum for unlawful eviction.”

Full story

NearlyLegal, 2nd August 2012

Source: www.nearlylegal.co.uk

Terror asset-freezing laws ‘intrusive and humiliating’ – The Guardian

Posted December 15th, 2011 in freezing injunctions, legislation, news, reports, terrorism by sally

“Asset-freezing powers that are exercised under counter-terrorism legislation are ‘an intrusive and humiliating experience’ for a number of British citizens, the government’s independent reviewer of anti-terror laws has warned in a report.”

Full story

The Guardian, 15th December 2011

Source: www.guardian.co.uk

Nomihold Securities Inc v Mobile Telesystems Finance SA – WLR Daily

Posted September 13th, 2011 in appeals, freezing injunctions, law reports by tracey

Nomihold Securities Inc v Mobile Telesystems Finance SA [2011] EWCA Civ 1040; [2011] WLR (D) 278

“Where a freezing order bound a party against whom an arbitral award had been made the position was not directly analogous to that of a ‘judgment debtor’ when the question fell to be determined whether the party owing the sum awarded should be permitted to make a payment out to a third party.”

WLR Daily, 1st September 2011

Source: www.iclr.co.uk

Regina (Maftah and another) v Secretary of State for the Foreign Office and Commonwealth Affairs – WLR Daily

Posted April 15th, 2011 in freezing injunctions, human rights, judicial review, law reports, proscribed organisations, terrorism by sally

Regina (Maftah and another) v Secretary of State for the Foreign Office and Commonwealth Affairs [2011] EWCA Civ 350; [2011] WLR (D) 135

“The determination of a claim for judicial review challenging decisions whereby the claimants were placed, as persons believed to be associated with terrorism, on a list the effect of which was that their assets were frozen and release of any funds was placed in the discretion of the state, would not involve the determination of the claimants’ ‘civil rights’ for the purposes of article 6 of the Convention for the Protection of Human Rights and Fundamental Freedoms, as scheduled to the Human Rights Act 1998.”

WLR Daily, 13th April 2011

Source: www.iclr.co.uk

Please note that once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

Construction firm branded ‘complete disgrace’ by high court judge – The Guardian

Posted February 4th, 2011 in construction industry, contempt of court, freezing injunctions, news by sally

“CCC, which has history of British political donations, failed to comply with court orders freezing its assets.”

Full story

The Guardian, 2nd February 2011

Source: www.guardian.co.uk

JSC BTA Bank v Kythreotis and others – WLR Daily

Posted December 16th, 2010 in contempt of court, freezing injunctions, law reports, third parties by sally

JSC BTA Bank v Kythreotis and others [2010] EWCA Civ 1436; [2010] WLR (D) 326

“The words ‘his assets’ in the standard form of freezing order in the Commercial Court Guide included assets which the respondent to the order held as a trustee or nominee for a third party.”

WLR Daily, 14th December 2010

Source: www.lawreports.co.uk

Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

Terrorist Asset-Freezing (Temporary Provisions) Act 2010

Posted February 15th, 2010 in freezing injunctions, legislation, terrorism by sally

Terrorist Asset-Freezing (Temporary Provisions) Act 2010 published

Full text of Act

Source: www.opsi.gov.uk

Asset-freezing terror Bill rushed through Commons – BBC News

Posted February 9th, 2010 in bills, freezing injunctions, news, terrorism by sally

“Emergency legislation has been rushed through the House of Commons that will allow the assets of suspected terrorists to be frozen.”

Full story

BBC News, 9th February 2010

Source: www.bbc.co.uk

In re Guardian News and Media Ltd and others – WLR Daily

Posted February 1st, 2010 in freezing injunctions, law reports, media, privacy, public interest, Supreme Court, terrorism by sally

In re Guardian News and Media Ltd and others [2010] UKSC 1; [2010] WLR (D) 13

“Where individuals challenged freezing orders made against them under the Terrorism (United Nations Measures) Order 2006 and the Al-Qaida and Taliban (United Nations Measures) Order 2006 the general public interest in publishing a full report of the proceedings in which they were named justified curtailing their right to respect for their private and family lives.”

WLR Daily, 27th February 2010

Source: www.lawreports.co.uk

Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

Ahmed and others v HM Treasury (JUSTICE intervening); al-Ghabra v Same; R (Youssef) v Same – WLR Daily

Posted February 1st, 2010 in freezing injunctions, law reports, orders in council, Supreme Court, terrorism, ultra vires by sally

Ahmed and others v HM Treasury (JUSTICE intervening); al-Ghabra v Same; R (Youssef) v Same

“In introducing a test of reasonable suspicion that a person was involved in terrorism as the basis for making an asset-freezing order against him under the Terrorism (United Nations Measures) Order 2006 the Treasury exceeded its powers under the enabling provisions of s 1 of the United Nations Act 1946.”

WLR Daily, 27th January 2010

Source: www.lawreports.co.uk

Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

Supreme Court to hear terror case – BBC News

Posted October 5th, 2009 in freezing injunctions, news, terrorism by sally

“The new UK Supreme Court is to hear its first case as five men suspected of financing terrorism challenge the freezing of their assets.”

Full story

BBC News, 5th October 2009

Source: www.bbc.co.uk

Business associate of Jowell’s husband has assets frozen – The Independent

Posted July 7th, 2009 in fraud, freezing injunctions, news by sally

“An Iranian millionaire and business associate of David Mills, the estranged husband of Tessa Jowell, has had his assets frozen by the High Court as part of a claim that he and his company received £6.2m in unauthorised fees and payments from a Welsh steel mill which collapsed with the loss of more than 300 jobs.”

Full story

The Independent, 7th July 2007

Source: www.independent.co.uk

United States Securities and Exchange Commission v Manterfield – Times Law Reports

Posted March 18th, 2009 in enforcement, foreign jurisdictions, freezing injunctions, law reports by sally

United States Securities and Exchange Commission v Manterfield

Court of Appeal

“A regulatory body in the United States seeking to enforce disgorgement of proceeds of alleged fraud could be granted a freezing order over assets in the United Kingdom.”

The Times, 18th March 2009

Source: www.timesonline.co.uk

Please note the Times Law Reports are only available free on Times Online for 21 days from the date of publication.

Freezing of terror assets backed – BBC News

Posted October 31st, 2008 in freezing injunctions, news, terrorism by sally

“The Court of Appeal has ruled the government should be allowed to freeze the assets of suspected terrorists.”

Full story

BBC News, 30th October 2008

Source: www.bbc.co.uk

ETI Euro Telecom International NV v Republic of Bolivia and another – WLR Daily

Posted July 30th, 2008 in arbitration, conflict of laws, freezing injunctions, law reports by sally

ETI Euro Telecom International NV v Republic of Bolivia and another [2008] EWCA Civ 880; [2008] WLR (D) 263

“International arbitration proceedings were not ‘proceedings’ for the purpose of s 25 of the Civil Jurisdiction and Judgments Act 1982 to enable the English court to grant interim relief to preserve the outcome of the arbitration proceedings. Where injunctive relief was sought in the English court, the claimant should deal both with state immunity from the adjudicative jurisdiction of the court and with state immunity from enforcement. The court should consider and decide the question of state immunity at as early a stage on the proceedings as practicable.”

WLR Daily, 29th July 2008

Source: www.lawreports.co.uk

Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

Canoe couple’s assets frozen in attempt to retrieve £250,000 – The Guardian

Posted July 25th, 2008 in fraud, freezing injunctions, news by sally

“The assets of the fake canoe death couple, John and Anne Darwin, have been frozen in a first step towards retrieving the £250,000 they conned out of insurance companies, it emerged yesterday.”

Full story

The Guardian, 25th July 2008

Source: www.guardian.co.uk

High court shuts landbanking firm – The Guardian

Posted June 4th, 2008 in financial regulation, freezing injunctions, news, planning, sale of land by sally

“An illegal landbanking scheme which sold plots of land to investors with the promise of big profits has had its assets frozen following action by the City watchdog.”

Full story

The Guardian, 4th June 2008

Source: www.guardian.co.uk

A, K, M, Q and G v HM Treasury – Times Law Reports

Posted May 6th, 2008 in freezing injunctions, law reports, prerogative powers, terrorism by sally

A, K, M, Q and G v HM Treasury

Queen’s Bench Division

“Orders in Council, made purportedly to give effect to United Nations resolutions freezing the assets of terrorist organisations and their adherents, were to be quashed since, among other faults, they had been improperly made outside the parliamentary process and were bad as creating criminal law of insufficient certainty.”

The Times, 5th May 2008

Source: www.timesonline.co.uk

Please note the Times Law Reports are only available free on Times Online for 21 days from the date of publication.