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Costs

01 August 2013
Issue: 7571 / Categories: Case law , Law digest , In Court
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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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NEWS
The government’s plan to introduce a Single Professional Services Supervisor could erode vital legal-sector expertise, warns Mark Evans, president of the Law Society of England and Wales, in NLJ this week
Writing in NLJ this week, Jonathan Fisher KC of Red Lion Chambers argues that the ‘failure to prevent’ model of corporate criminal responsibility—covering bribery, tax evasion, and fraud—should be embraced, not resisted
Professor Graham Zellick KC argues in NLJ this week that, despite Buckingham Palace’s statement stripping Andrew Mountbatten Windsor of his styles, titles and honours, he remains legally a duke
Writing in NLJ this week, Sophie Ashcroft and Miranda Joseph of Stevens & Bolton dissect the Privy Council’s landmark ruling in Jardine Strategic Ltd v Oasis Investments II Master Fund Ltd (No 2), which abolishes the long-standing 'shareholder rule'
In NLJ this week, Sailesh Mehta and Theo Burges of Red Lion Chambers examine the government’s first-ever 'Afghan leak' super-injunction—used to block reporting of data exposing Afghans who aided UK forces and over 100 British officials. Unlike celebrity privacy cases, this injunction centred on national security. Its use, the authors argue, signals the rise of a vast new body of national security law spanning civil, criminal, and media domains
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