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Court of Appeal clarifies test for establishing existence of assets for freezing injunctions
The Court of Appeal has held that, to obtain a freezing injunction, an applicant must establish either a "good arguable case" or "grounds for belief" …
Court of Appeal clarifies test for risk of dissipation of assets for notification injunctions
The Court of Appeal has held that a notification injunction (an order requiring a respondent to give notice of any dealings with or disposal of assets or …
Supreme Court clarifies scope of "assets" covered by a freezing order
In a unanimous decision, the Supreme Court has confirmed that the right to draw down under loan agreements is caught by the expanded definition of …
Upcoming webinars: freezing orders, class actions and contracts
Over the next few weeks we will be delivering a number of disputes-related webinars for Herbert Smith Freehills clients and contacts, including …
Court of Appeal clarifies jurisdiction to order disclosure in support of freezing injunctions
Very often, when seeking to obtain a freezing injunction, the true extent of the defendant's assets is unclear. Complex and opaque offshore corporate or …
Court of Appeal confirms test for fortification of cross-undertaking in damages
The Court of Appeal has upheld an order requiring the claimant to fortify its cross-undertaking in damages after it obtained a worldwide freezing order …
New EU Regulation establishing European Account Preservation Order procedure
A new EU Regulation will come into force tomorrow establishing a European Account Preservation Order (EAPO) procedure to facilitate cross-border debt …
Court of Appeal confirms company assets fall outside direct scope of freezing injunction against company's owner
The Court of Appeal has clarified the definition of "assets" for the purpose of the standard form freezing injunction, confirming that assets belonging …
High Court orders foreign defendant to disclose assets worldwide to aid execution
The High Court has reaffirmed its jurisdiction under section 37(1) of the Supreme Court Act 1981 to compel defendants who are subject to the court's …
Supreme Court confirms FSA not required to give cross-undertaking in damages
In a judgment handed down yesterday, the Supreme Court held that there is no general rule that an authority such as the FSA, seeking an injunction …
Article published on new Europe-wide freezing order
The European Parliament and the Council of the EU are currently considering a proposed Regulation for a new European Account Preservation …
UK not opting in to proposed European Account Preservation Order Regulation
The government yesterday announced that the UK would not be opting in to the proposed Regulation establishing a Europe-wide bank …
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