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Injunction

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