Litigation Notes

Freezing orders: applicants (including liquidators) face high hurdle to justify cap on cross-undertaking in damages

The Court of Appeal has set aside a freezing order obtained by a provisional liquidator within winding up proceedings, on the basis that the …

Privy Council restatement of the law on freezing and other interim injunctions

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), …

Commercial litigation podcast series – Episode 4: General update

Court of Appeal upholds freezing order preventing party from making payments in the ordinary course of business

The Court of Appeal has dismissed an appeal against the removal of a so-called Angel Bell exception to a post-judgment freezing order, with the effect …

High Court finds companies' assets not subject to freezing order against shareholder

The High Court has varied a worldwide freezing order by removing language in the order which would have frozen the assets of companies owned by the …

Commercial Court clarifies scope of standard undertaking not to enforce worldwide freezing order abroad without court's permission

The Commercial Court has recently considered the scope of the standard undertaking provided in connection with worldwide freezing orders, which requires …

Court of Appeal upholds order for payment of US$70 million under cross-undertaking in damages

The Court of Appeal has confirmed the court's approach to issues of causation where a defendant applies to enforce a cross-undertaking in damages: SCF …

Cross-Border Litigation - international perspectives

We are pleased to publish the second issue of our periodic publication "Cross-Border Litigation", designed to highlight legal and practical …

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 …