header-logo header-logo

Cold cases: living expenses & freezing injunctions

05 May 2021 / Natalie Todd , Richard Swan
Issue: 7931 / Categories: Features , Profession , Procedure & practice
printer mail-detail
48178
Have expenses under a freezing injunction become a further means to dissipate? Natalie Todd & Richard Swan investigate
  • National Bank Trust v Yurov & Ors: further clarifying the position on the living, legal, and ordinary business expense exceptions for recipients of freezing injunctions in the post judgment context.

The recent case of National Bank Trust v Yurov & Ors [2021] EWHC 164 (Comm) has further clarified the position on the living, legal, and ordinary business expense exceptions for recipients of freezing injunctions in the post judgment context. There have been a few recent judgments on what is considered permitted expenditure and we set out below our analysis.

Summary

The specific wording in the freezing order will set out the permitted expenditure. A respondent is likely to be able to maintain his pre-injunction standard of living—providing he manages to gain the sympathy of the court and providing there is a credible basis on which to present his ‘investment’ companies as genuine, they are

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

NLJ Career Profile: Kadie Bennett, Anthony Collins

NLJ Career Profile: Kadie Bennett, Anthony Collins

Kadie Bennett, senior associate at Anthony Collins and chair of the Resolution West Midlands Group, discusses her long-standing passion for family law and calls for unity in the profession

Osborne Clarke—Lara Burch

Osborne Clarke—Lara Burch

Firm appoints new UK senior partner for 2026

Keoghs—Louise Jackson & Katie Everson

Keoghs—Louise Jackson & Katie Everson

Healthcare and sports legal team expands in the north west

NEWS
Lawyers and users of the business and property courts are invited to share their views on disclosure, in particular the operation of PD 57AD and the use of Technology Assisted Review (TAR) and artificial intelligence (AI)
Social media giants should face tortious liability for the psychological harms their platforms inflict, argues Harry Lambert of Outer Temple Chambers in this week’s NLJ
The Leasehold and Freehold Reform Act 2024—once heralded as a breakthrough—has instead plunged leaseholders into confusion, warns Shabnam Ali-Khan of Russell-Cooke in this week’s NLJ
The Employment Appeal Tribunal has now confirmed that offering a disabled employee a trial period in an alternative role can itself be a 'reasonable adjustment' under the Equality Act 2010: in this week's NLJ, Charles Pigott of Mills & Reeve analyses the evolving case law
Caroline Shea KC and Richard Miller of Falcon Chambers examine the growing judicial focus on 'cynical breach' in restrictive covenant cases, in this week's issue of NLJ
back-to-top-scroll