header-logo header-logo

07 February 2008 / David O'mahoney
Issue: 7307 / Categories: Features , Public , Procedure & practice , Profession
printer mail-detail

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
If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

Shakespeare Martineau—David Vaughan

Shakespeare Martineau—David Vaughan

Shakespeare Martineau appoints new London office head as firm continues investment in capital

Browne Jacobson—Kevin Moore

Browne Jacobson—Kevin Moore

Browne Jacobson strengthens All-Island life sciences platform with appointment of leading Galway MedTech lawyer

Clarke Willmott—Latitude Law

Clarke Willmott—Latitude Law

National law firm strengthens commercial offering with acquisition of leading immigration practice

NEWS
Mr Justice Nicklin’s decision to order costs on an indemnity basis may be a ‘significant win’ but it’s still ‘far from game, set and match’ for Associated Newspapers, a former costs judge has said
The Law Society RFC Festival of Sport returns next month, bringing together legal and financial services professionals for one of the sector’s largest annual sporting events
Legal aid deserts leave almost one in four without adequate access to justice
The Solicitors Regulation Authority (SRA) has warned solicitors and law firms that using artificial intelligence does not alter their professional obligations, amid concerns over inaccurate legal material and client confidentiality
From forgotten interest claims to case-management appeals, a string of procedural developments offers useful—and occasionally cautionary—lessons for practitioners
back-to-top-scroll