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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

mfg Solicitors—Hayley Pearce & Lauren Williams

mfg Solicitors—Hayley Pearce & Lauren Williams

Law firm mfg Solicitors announces promotions at Ludlow office

Womble Bond Dickinson—Richard Sharpe

Womble Bond Dickinson—Richard Sharpe

Womble Bond Dickinson appoints partner in Leeds residential team

Brabners—six promotions

Brabners—six promotions

Brabners adds six to partnership in record year for partner promotions

NEWS
The legal profession's AI challenge extends far beyond fabricated case citations, according to a warning about the next phase of technological risk
Law firms should use the transition period before the Financial Conduct Authority (FCA) assumes anti-money laundering (AML) supervision to strengthen governance and compliance, experts have warned
Cross-border disputes increasingly demand creative approaches to gathering evidence, with litigators needing to look beyond traditional letters of request
A Court of Appeal ruling has clarified the distinction between contracts of 'indefinite' and 'perpetual' duration, with potentially significant implications for commercial drafting
The Court of Appeal was entitled to uphold the government's decision to proscribe Palestine Action as a terrorist organisation, according to an analysis of the ruling
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