Freezing Order in UK Law
-
Thane Imvestments v Tomlinson
“
I have to say that, if that has become the practice, then the practice should be reconsidered. It is appropriate in each case for the court to scrutinise with care whether what is alleged to have been the dishonesty of the person against whom the order is sought in itself really justifies the inference that that person has assets which he is likely to dissipate unless restricted.
-
Nicholas Anthony Christopher Candy and Others (Appellants /Defendants) v Mark Alan Holyoake and Another (Respondents / Claimants)
“
There must be a real risk, judged objectively, that a future judgment would not be met because of unjustifiable dissipation of assets. Solid evidence will be required to support a conclusion that relief is justified, although precisely what this entails in any given case will necessarily vary according to the individual circumstances: see e.g Gee on Commercial Injunctions (6th edition) in particular at 12–032 – 34 and 12–042 and the cases there cited.
-
Masri v Consolidated Contractors International (UK) Ltd [QBD (Comm)]
“
In any event I am satisfied that in relation to assets such as balances in bank accounts an “ordinary course of business” exception is inappropriate in the post-judgment environment. I respectfully adopt the reasoning of Colman J at page 412 of the Soinco case which I have set out above. That was of course a case concerned with a receivership order rather than a freezing order, but it seems to me that those considerations apply a fortiori to a post-judgment freezing injunction.
-
HM Revenue and Customs v Egleton
“
First, that the time has come for the English Courts to recognise, consistently with the carefully considered conclusion of the High Court of Australia, that the jurisdiction to grant freezing orders against third parties is not rigidly restricted by the Chabrarequirement to show that, at the time when the order is sought, the third party is already holding or in control of assets beneficially owned by the defendant.
-
Flightline Ltd v Edwards and another
“
Although Palmer v. Carey concerned contractual arrangements made between the parties out of court, in our judgment Lord Wrenbury's statement of principle applies directly to consent orders, such as the February Order and the March Order, which embody terms agreed between the parties; and also indirectly, by analogy, to other court orders.
-
Fourie v Le Roux and Others
“
-
JSC BTA Bank v Solodchenko and Others
“
This is not, in my view, a partial definition of the preceding words. And it makes it clear that “the Respondent's assets” can include assets held by a foreign trust or a Liechtenstein Anstalt when the defendant retains beneficial ownership or effective control of the asset.
-
Economic Crime (Transparency and Enforcement) Act 2022
... ... made of the removal of material that is the subject of the court’s order ... (6) Regulations under this section are subject to the negative ... 1(3), 2 ... 49: Power to extend period for which interim freezing order has effect: England and Wales and Northern Ireland ... (1) The ... ...
- The Andrey Lugovoy and Dmitri Kovtun Freezing Order 2020
- The Andrey Lugovoy and Dmitri Kovtun Freezing Order 2016
- The Andrey Lugovoy and Dmitri Kovtun Freezing Order 2018
-
Terror Financing — Asset Freezing, Human Rights and the European Legal Order
This article discusses the implications of the UN Security Council's asset freezing regime on the EU legal order and on the rights of targeted individuals and entities.
-
Is there banks stocks’ manipulation around announcement of national elections and how can we detect and recover ill gotten assets?. The case of Greece
Purpose: – The purpose of this paper is to examine the influence of major non-economic events, such as the announcement of Greek national parliamentary elections during the period 2000-2009, and se...... ... from bank stock manipulation are found, a restraining orderor court order will help to recovery assets by freezing and nally conscating them ... ...
-
Anti-money laundering law: a new legal regime to combat financial crime in Malaysia?
Purpose: Before the enactment of the Anti-Money Laundering and Anti-Terrorism Financing Act 2001 (AMLATFA), the fight against financial crime can be found in several statutes such as the Penal Code...... ... It is generally accepted that by freezing andforfeiting the proceeds of the crime, it would give signicant impact ... other proprietary interest due to the invocationof the forfeiture order.Originality/value – This paper analyzes the new legal regime under the ... ...
-
EU Asset Recovery and Confiscation Regime – Quo Vadis? A First Assessment of the Commission’s Proposal to Further Harmonise the EU Asset Recovery and Confiscation Laws. A Step in the Right Direction?
This article aims to explore the key novelties of the proposal recently published by the Commission for a new Directive on asset recovery and confiscation and to offer critical reflection on certai...... ... recover ystages (asset tracing and identification, management, freezing and confiscation) (b) on the safeguardsfor the persons affected by such ... measures and finallyconcludes with some critical remarks, in order to contribute to the legal dialogue ahead of the finaladoption of the new ... ...
-
No Freezing Order Against Subsidiary Of Arbitration Award Judgment Debtor
In an important decision for anyone trying to enforce an arbitration award, in Cruz City 1 Mauritius Holdings v Unitech Ltd & 7 ors [2014] EWHC 3704 (Comm) Males J ruled that the English court did ...
- Freezing Order - Koza Ltd V Akcil
-
English Court grants worldwide freezing order in support of London arbitration where assets are outside the UK
A recent decision by the Commercial Court in the case of U&M Mining Zambia Limited v Konkola Copper Mines Plc [2014] All ER (D) 136 in which the Claimant’s application to continue a worldwide freez...
-
Supreme Court Clarifies that Loans are to be Considered Part of the Defendant’s Assets for the Purposes of a Standard Form Freezing Order
Case: JSC BTA Bank v Ablyazov [2015] UKSC 64 Introduction - A freezing order is an interim injunction that prevents a party to litigation from dealing with their assets until judgment (...
-
Applications relating to Empty Dwelling Management Orders (EDMOs)
Housing and planning forms including Rent Repayment Orders and Demolition Orders.... ... (if applicable) by an on-line banking payment or by cheque/postal order enclosed with the application form ... ... If you ... (g) Is subject to a court order freezing property of the relevant proprietor ... ... ... ... ...
-
T400)
Upper Tribunal (Tax and Chancery Chamber) forms and guidance documents including the judicial review form.... ... prohibition of a trustee, imposition of a contributory notice, an order winding up a ... scheme or an order freezing a scheme. They also hear ... ...