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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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Signature Litigation—Catherine Naylor

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NEWS
Cheshire West, which established an ‘acid test’ for deprivation of liberty safeguards, has been overturned by the Supreme Court
The Chancery Division and other segments of the High Court are to be replaced by a new Business and Property Division (BPD), in a major civil justice shakeup
Law firms that hold client money will need to file annual accountants’ reports and make a declaration, the Solicitors Regulation Authority (SRA) confirmed this week
Two district judges and a tribunal judge have been sanctioned for delays in delivering judgments and orders
Private equity (PE) investment into UK law firms halved to £250m last year, but deal volume rose, according to research by Acquira Professional Services’ Momentum private equity market tracker
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