header-logo header-logo

08 March 2024 / Alan Sheeley , Sara Esfandyari
Issue: 8062 / Categories: Features , Freezing orders , Fraud , Commercial
printer mail-detail

In search of clarity on freezing orders

162792
The ‘good arguable case’ test is under debate. Alan Sheeley & Sara Esfandyari explain how clearer wording could help practitioners and fraud victims
  • Considers recent case law seeking to clarify the ‘good arguable case’ requirement in freezing order applications.
  • Examines the judgments in detail and makes the case for fresh consideration by the Court of Appeal.

Freezing orders are a vital tool for victims of fraud looking to pursue their losses through the courts, to ensure assets are preserved to satisfy any judgment. They are often sought pre-proceedings, frequently under time pressure and without notice to the defendant, given the need to avoid assets being dissipated.

If a claimant wishes to obtain a freezing order against a defendant, their application must meet certain criteria. One of these is that the claimant must have a ‘good arguable case on the merits’.

But when is a case a ‘good arguable’ one? This has been debated recently in Unitel SA v Unitel International Holdings BV and another [2023] EWHC 3231 (Comm) and

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

Clyde & Co—Suriya Ashok

Clyde & Co—Suriya Ashok

Clyde Co strengthens energy transition and construction offering with hire of Suriya Ashok

Jurit—Nicole Gallop Mildon

Jurit—Nicole Gallop Mildon

Jurit appoints rare dual-qualified lawyer to expand Anglo-French private wealth expertise

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

back-to-top-scroll