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07 February 2008 / David O'mahoney
Issue: 7307 / Categories: Features , Public , Procedure & practice , Profession
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Asset protection

Should freezing orders prohibit banks enhancing the value of protected assets? David O’Mahony reports

 

Freezing orders are a feature of both criminal and civil litigation. Their obvious purpose is to preserve assets so that there is something against which a final order can be enforced. The sanctions for breach of the order are provided by the law on contempt of court. But in common form, freezing orders prohibit “dealing” with assets.
 
DEALING WITH ASSETS
Although some comments in the Court of Appeal in Z Ltd v A-Z and AA-LL [1982] QB 558, [1982] 1 All ER 556 led to a very cautious attitude by those giving advice on what conduct constituted a breach of the no dealing aspect of freezing orders, the Court of Appeal in Law Society v Shanks [1988] 1 FLR 504 and Bank Mellat v Kazmi [1989] QB 541, [1989] 1 All ER 925 decided that it would not be a breach to hand assets to a person to whom a freezing order was directed, provided
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MOVERS & SHAKERS

NLJ Career Profile: Nikki Bowker, Devonshires

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Nikki Bowker, head of litigation and dispute resolution at Devonshires, on career resilience, diversity in law and channelling Elle Woods when the pressure is on

Ellisons—Sarah Osborne

Ellisons—Sarah Osborne

Leasehold enfranchisement specialist joins residential property team

DWF—Chris Air

DWF—Chris Air

Firm strengthens commercial team in Manchester with partner appointment

NEWS
The High Court’s refusal to recognise a prolific sperm donor as a child’s legal parent has highlighted the risks of informal conception arrangements, according to Liam Hurren, associate at Kingsley Napley, in NLJ this week
The Court of Appeal’s decision in Mazur may have settled questions around litigation supervision, but the profession should not simply ‘move on’, argues Jennifer Coupland, CEO of CILEX, in this week's NLJ
A simple phrase like ‘subject to references’ may not protect employers as much as they think. Writing in NLJ this week, Ian Smith, barrister and emeritus professor of employment law at UEA, analyses recent employment cases showing how conditional job offers can still create binding contracts

An engagement ring may symbolise romance, but the courts remain decidedly practical about who keeps it after a split, writes Mark Pawlowski, barrister and professor emeritus of property law at the University of Greenwich, in this week's NLJ

Medical reporting organisation fees have become ‘the final battleground’ in modern costs litigation, says Kris Kilsby, costs lawyer at Peak Costs and council member of the Association of Costs Lawyers, in this week's NLJ
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