Wed10182017

Last updateTue, 24 Feb 2015 5pm

INJUNCTIONS: Glacial globe trotting

28 September 2017  

Gareth Keillor and Tom Brown review the test for establishing the existence of assets for freezing injunctions

In the recent case of Ras Al Khaimah Investment Authority v Bestfort Development LLP [2017], 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’ that assets exist. It rejected the higher threshold of a ‘likelihood’ that assets exist, but held that it is not enough for the applicant to assert that the respondent is apparently wealthy and must have assets somewhere.

Additional Info

  • Case(s) Referenced:

    Anglo Financial SA & anor v Goldberg [2014] EWHC 3192 (Ch)

    Candy & ors v Holyoake & anor [2017] EWCA Civ 92

    JSC BTA Bank v Ablyazov [2015] UKSC 64

    Ras Al Khaimah Investment Authority & ors v Bestfort Development LLP & ors [2017] EWCA Civ 1014