header-logo header-logo

26 November 2021 / Lois Horne
Issue: 7958 / Categories: Features , Commercial
printer mail-detail

Freezing injunctions in the Caribbean

65093
Lois Horne reviews a case where the Privy Council delivered a ‘ground-breaking’ judgment on injunctions
  • An injunction can be granted even in the absence of an underlying cause of action.
  • Privy Council restates the test for freezing injunctions.

On 4 October 2021, an enlarged seven-member Board of the Privy Council delivered its judgment in Convoy Collateral Ltd v Broad Idea International Ltd [2021] UKPC 24. The judgment of Lord Leggatt, with whom the majority of the Board agreed, contains a detailed rationalisation of the court’s powers to grant freezing orders and interim injunctions generally. In the words of Sir Geoffrey Vos (who was in the minority on these points), Lord Leggatt’s judgment amounts to ‘a ground-breaking exposition of the law of injunctions’. Although Lord Leggatt’s comments were strictly speaking obiter dicta, he expressly said that they represent the law in all jurisdictions ‘where courts have inherited the equitable powers of the former Court of Chancery’ (which obviously includes England & Wales) and they are likely to be highly persuasive.

Background

Convoy

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

Bell Yard Kysen—Liz Giles

Bell Yard Kysen—Liz Giles

Bell Yard Kysen appoints senior legal PR and ex-government communications adviser, Liz Giles

Clarke Willmott—Lee Edwards

Clarke Willmott—Lee Edwards

Clarke Willmott boosts Southampton commercial property team with addition of partner Lee Edwards

Lime Solicitors—four promotions

Lime Solicitors—four promotions

Lime Solicitors announces four promotions

NEWS
The Attorney General, Ellie Reeves KC MP, and Solicitor General, Andy Slaughter KC MP, marked the 25th anniversary of Pro Bono Week by joining lawyers, charities, students and parliamentarians at events celebrating voluntary legal work
Witness evidence can be compromised by AI before a solicitor sees the draft, leaving safeguards focused on authorship incomplete
Possession claims are entering a new digital era, with procedural traps awaiting practitioners who assume familiar rules still govern every step
The Environment Agency can prosecute offences beyond environmental legislation where proceedings support its statutory functions, the Divisional Court has confirmed
A polished legal defence may owe more to artificial intelligence than legal merit—and creditors risk paying the price in delay and expense
back-to-top-scroll