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07 April 2017
Issue: 7741 / Categories: Case law , Law digest , In Court
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Injunction

Taylor v Van Dutch Marine Holding Ltd and others [2017] EWHC 636 (Ch), [2017] All ER (D) 175 (Mar)

The Chancery Division allowed an application by the intervening third-party (which was a secured creditor of the second defendant, TCA) to vary a freezing order, granted in respect of that defendant and other defendants, to the effect that nothing in the order should prevent or restrict it from enforcing any rights it might have, under its facility agreement and debenture. The court held that, in a standard case, a secured creditor who sought to enforce its security over an asset did not need to apply to the court for a variation of a freezing order. It held that, whilst TCA had not needed to apply for a variation of the freezing order, the court should be sympathetic to a third party that wished to have clarity and that, on the facts, the variation sought by TCA was entirely justified and should be granted.

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MOVERS & SHAKERS

Clarke Willmott—Anita Rasaratnam

Clarke Willmott—Anita Rasaratnam

Clarke Willmott strengthens social housing development offering with senior London appointment

Trowers & Hamlins—David Meecham

Trowers & Hamlins—David Meecham

Trowers strengthens Birmingham real estate team with partner hire

Blake Morgan—Jennifer Ray & Louise Culleton

Blake Morgan—Jennifer Ray & Louise Culleton

Blake Morgan expands private client and regulatory teams with new legal directors

NEWS
A mood of cautious optimism has enveloped the criminal law sector following indications the Prime Minister may abandon planned jury reforms
Helping to source the services and providers you need
The Senior Courts Costs Office has clarified that judges conducting detailed assessment proceedings cannot order security for costs—a ruling that may leave successful parties exposed to further litigation expense
Rejecting a generous settlement can prove an expensive mistake, as two recent high-profile cases demonstrate
The Financial Conduct Authority (FCA) continues to show that failing to disclose regulatory issues can attract harsher consequences than the original misconduct itself
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