Injunctions
UK 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 in the course of its public functions, should be required to give a cross-undertaking in damages … Continue reading
Filed under Damages, Injunctions
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 Order, which will introduce a new and additional kind of bank freezing order available throughout the EU (see post). The UK … Continue reading
Filed under Fraud, Injunctions
Webinar alert – what to do when you’ve just been given notice of a Freezing Order
On Thursday 19 January (12:45 to 1:45 UK time) Robert Hunter will present a live audio webinar offering practical advice to those who want to know what they can do after being served with a Freezing Order. This is part of our series of … Continue reading
Filed under Announcements, Fraud, Injunctions
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 account freezing order (click here for our summary of the proposals). Although the government recognises the benefits of the proposal in facilitating cross-border debt-recovery, … Continue reading
Filed under Fraud, Injunctions
Draft Regulation released proposing Europe-wide freezing orders
On 25 July 2011, the European Commission released the proposed European Account Preservation Order (EAPO) Regulation, which has been submitted for consideration by the European Parliament and the Council of the EU. Whilst it is likely to be several years … Continue reading
Filed under Fraud, Injunctions
Corporate fraud, investigations and asset recovery update
Our summer fraud update has been published, with articles on the following: Delaying asset disclosure under worldwide freezing orders: No more pulling yourself up by your bootstraps? JSC BTA Bank v Ablyazov & Others [2010] EWHC 2352 (Comm) Accepting the … Continue reading
Filed under Enforcement, Fraud, Injunctions
High Court revisits the jurisdictional scope of freezing injunctions against third parties
It has long been held that the English court has power to grant a freezing injunction against a third party (against whom no claim lay), provided that it is ancillary and incidental to a good arguable claim against a defendant … Continue reading
Filed under Injunctions
House of Lords rules in favour of banks served with injunctions
The House of Lords has today held in HM Commissioners of Customs and Excise v Barclays Bank plc [2006] UKHL 28 that a bank, when served with a freezing injunction affecting an account held by one of the bank’s customers, … Continue reading
Filed under Injunctions, Tort
Court of Appeal lays down new guidelines on seeking permission to enforce worldwide freezing orders overseas: the Dadourian guidelines
The Court of Appeal has laid down new guidelines on how the court should exercise its discretion when considering whether to permit a party to enforce a worldwide freezing order (“WFO”) (formerly called a worldwide mareva order), or seek an … Continue reading
Filed under Enforcement, Injunctions
