TSB Private Bank International SA v Chabra [1992] 1 WLR 231

Injunctions: Nohow or contrariwise?

Ekaterina Pakerova peers down the rabbit hole to consider ownership and control in freezing injunctions ‘Even if the respondent was the sole shareholder this cannot be taken to mean that they own or are in any way entitled to the company’s assets.’ In Alice in Wonderland, the Cheshire Cat famously disappears leaving only its smile. …

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Injunctions: Cold comfort

Rory Brown examines the principles governing freezing injunctions ‘The lesson for practitioners seeking freezing injunctions (FIs) is to pay special care to target selection, both in terms of respondents and the property which is the proposed subject matter of the order.’ There are seven principles that govern, or should govern, the jurisdiction of the court …

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JSC Mezhdunarodniy Promyshlenniy Bank & Anor v Pugachev & Ors [2015] EWCA Civ 906

Wills & Trusts Law Reports | December 2015 #155

In 1992 Mr Pugachev founded the first claimant bank (Mezhprom). In November 2010 the Moscow Arbitrazh Court declared Mezhprom to be insolvent, opened liquidation proceedings and appointed the second claimant (the DIA) as liquidator. On 25 January 2011 the Russian authorities began a criminal investigation with regard to the insolvency of Mezhprom and three days later Mr Pugachev fled Russia. On 2 December 2013 the claimants began proceedings against Mr Pugachev in the Moscow Arbitrazh Court.

On 11 July 2014 Henderson J granted a worldwide freezing order without notice in aid of th...

DR v GR & ors [2013] EWHC 1196 (Fam)

Wills & Trusts Law Reports | July/August 2013 #131

A post-nuptial settlement (being a Jersey discretionary trust) was created by a husband and wife in 1986. The trust owns a Liberian company, which in turn owns a UK company that owns two UK companies. The main company assets are two UK retirement villages. The beneficiaries included the husband and wife and two minor children.

During divorce proceedings the wife applied for a variation of the settlement.

Over the course of proceedings the trustees of the Jersey trust and the companies were all joined as parties. In both cases no application was made for joinder and no not...

CPR: Coming in from the cold

Nicola Bridge and Michael Ward explore the use and usefulness of freezing orders ‘It is important for practitioners to always keep abreast of such judicial commentary; not least because the pro forma freezing orders found in the Practice Direction to Part 25 and the Court Guides can differ, and are not themselves immune from criticism.’Freezing …

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