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01 August 2013
Issue: 7571 / Categories: Case law , Law digest , In Court
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Costs

JSC BTA Bank v Ablyazov and others [2013] EWCA Civ 928, [2013] All ER (D) 321 (Jul)

It was established law that: (i) it was the purpose of a freezing order to stop the injuncted defendant dissipating or disposing of property which could be the subject of enforcement if the claimant went on to win the case it had brought, and not to give the claimant security for his claim; (ii) the jurisdiction to make a freezing order should be exercised in a flexible and adaptable manner so as to be able to deal with new situations and new ways used by sophisticated and wily operators to make themselves immune to the courts' orders or deliberately to thwart the effective enforcement of those orders; and (iii) because of the penal consequences of breaching a freezing order and the need of the defendant to know where he, she or it stood, such orders should be clear and unequivocal and should be strictly construed. Further, there was tension between the first two principles and the third because a strict construction of

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MOVERS & SHAKERS

Browne Jacobson—Vicky Tomlinson

Browne Jacobson—Vicky Tomlinson

Browne Jacobson appoints Vicky Tomlinson as Head of Independent Health and Care

DWF—five appointments

DWF—five appointments

DWF further strengthens major injury and casualty offering with new partner and four directors from DAC Beachcroft

Switalskis—Laura Ornsby

Switalskis—Laura Ornsby

Switalskis strengthens Grimsby child care team

NEWS
The Supreme Court has settled a long-running dispute over part-time workers: unfavourable treatment need be a significant or effective cause, not the sole cause
Arbitration may be private, but its confidentiality is no impenetrable shield. Writing in NLJ this week, James Glaysher of Kingsley Napley examines when courts will permit arbitral material to surface in open litigation
The Financial Reporting Council’s revised Audit Enforcement Procedure will alter the balance of power in corporate investigations
A telecoms operator may be able to hold over under the Landlord and Tenant Act 1954, yet still be unable to secure a renewal: an outcome described as a legal ‘paradox’

Safety fears do not automatically justify shutting an interested person out of a statutory will application

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