Commercial Court upholds worldwide freezing order in support of English arbitration against foreign nonarbitrating parties – 11 Stone Buildings

Posted October 30th, 2013 in arbitration, Commercial Court, freezing injunctions, jurisdiction, news by sally

“In PJSC Vseukrainskyi Aktsionernyi Bank v Sergey Maksimov and others [2013] EWHC 3203 (Comm), Blair J dismissed an application to discharge a worldwide freezing order made against non-arbitrating parties in support of an LCIA arbitration in long-running commercial court proceedings. Charles Samek QC lists three reasons why the case is of importance.”

Full story (PDF)

11 Stone Buildings, October 2013

Source: www.11sb.com

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Soca wields new powers to freeze global assets of super-rich foreigners – The Independent

“The embattled Serious Organised Crime Agency heads into fresh controversy on Tuesday as it emerges it has won sweeping new powers allowing it to freeze assets of super-rich foreigners suspected of fraud.”

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The Independent,

Source: www.independent.co.uk

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JSC BTA Bank v Ablyazov (No 10) – WLR Daily

Posted July 29th, 2013 in banking, disclosure, fraud, freezing injunctions, loans, news by sally

JSC BTA Bank v Ablyazov (No 10) [2013] EWCA Civ 928; [2013] WLR (D) 305

“In determining the meaning of the term ‘assets’ in a freezing order, account should be taken, as part of the background and context of such orders, of their purpose, in the way that anyone construing any document should take account of the background of it. Where the words used clearly and unequivocally led to the conclusion that the term ‘asset’ included that which could not be the subject of execution, effect must be given to the words. Where they did not, the purpose of such orders would be a significant factor in determining the meaning of the term ‘asset’ in that context and a pointer against including the particular right under consideration.”

WLR Daily, 25th July 2013

Source: www.iclr.co.uk

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Important judgment on freezing orders & ex parte orders commented on by David Partington – Sovereign Chambers

Posted July 19th, 2013 in divorce, freezing injunctions, news by sally

“Freezing orders, without notice applications and evidence obtained in breach of confidence – a salutary reminder.”

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Sovereign Chambers, 25th June 2013

Source: www.sovereignchambers.co.uk

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Finance and Divorce Update – Family Law Week

“Jessica Craigs, solicitor and David Salter, Joint Head of Family Law at Mills & Reeve LLP analyse the financial remedies and divorce news and cases published in June.”

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Family Law Week, 8th July 2013

Source: www.familylawweek.co.uk

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Wife in £20m divorce rifled husband’s safe while he played golf – Daily Telegraph

Posted June 26th, 2013 in divorce, financial provision, freezing injunctions, news by sally

“A wife persuaded a court to freeze £20 million of her husband’s assets using papers she raided from his safe while he was out playing golf, a High Court judge has disclosed.”

Full story

Daily Telegraph, 25th June 2013

Source: www.telegraph.co.uk

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Financial Services Authority v Sinaloa Gold plc and others (Barclays Bank plc intervening) – WLR Daily

Financial Services Authority v Sinaloa Gold plc and others (Barclays Bank plc intervening) [2013] UKSC 11; [2013] WLR (D) 90

“There was no general rule that the Financial Services Authority acting pursuant to a public duty should be required to give to the court a cross-undertaking in damages in favour of third parties affected by the obtaining of a freezing injunction under section 380(3) of the Financial Services and Markets Act 2000 and/or section 37(1) of the Senior Courts Act 1981.”

WLR Daily, 27th February 2013

Source: www.iclr.co.uk

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Regulators need not guarantee third party losses when freezing assets, Supreme Court confirms – OUT-LAW.com

“Bodies acting under a ‘public law duty’ do not need to cover losses incurred by third parties when they ‘freeze’ the assets of a company under investigation, the Supreme Court has confirmed.”

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OUT-LAW.com, 28th February 2013

Source: www.out-law.com

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The Financial Services Authority (a company limited by guarantee) (Respondent) v Sinaloa Gold plc and others (Respondents) and Barclays Bank plc (Appellant) – Supreme Court

The Financial Services Authority (a company limited by guarantee) (Respondent) v Sinaloa Gold plc and others (Respondents) and Barclays Bank plc (Appellant) [2013] UKSC 11 | UKSC 2011/0244 (YouTube)

Supreme Court, 27th February 2013

Source: www.youtube.com/user/UKSupremeCourt

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VTB Capital plc v Nutritek and others – WLR Daily

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

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

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

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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

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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

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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

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

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.

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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.”

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The Guardian, 2nd February 2011

Source: www.guardian.co.uk

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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.

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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

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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

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

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.

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