header-logo header-logo

08 February 2007
Issue: 7259 / Categories: Case law , Law digest
printer mail-detail

CIVIL LITIGATION

Fourie v Le Roux [2007] UKHL 1, [2007] All ER (D) 171 (Jan)

The grant of a freezing order, on a without notice application, would be unlikely to be properly made in the absence of any formulation of the case for substantive relief that the applicant intends to institute.

Without the issue of substantive proceedings or an undertaking to do so, the propriety of the grant of an interlocutory injunction would be difficult to defend.

An interlocutory injunction, like any other interim order, is intended to be of temporary duration, dependent on the institution and progress of some proceedings for substantive relief.

However, in suitable circumstances a freezing order may be, and often is, granted and served on the respondent before substantive proceedings have been instituted; such an order is not a nullity.

Issue: 7259 / Categories: Case law , Law digest
printer mail-details

MOVERS & SHAKERS

Browne Jacobson—Simone Ketchell

Browne Jacobson—Simone Ketchell

Browne Jacobson adds top property litigation Partner in record real estate expansion

Fieldfisher—Megan Goodyer

Fieldfisher—Megan Goodyer

Fieldfisher expands Personal Injury team with impressive partner from Stewarts

Clyde & Co—Jack Holling

Clyde & Co—Jack Holling

Global firm strengthens insurance practice with appointment of partner

NEWS
Should every solicitor found to have acted dishonestly face automatic striking off? The answer, argues John Gould, chair of Russell-Cooke LLP in NLJ this week, is no 
Winning an arbitral award against a state is one thing; enforcing it is another
Can government success in court tell us whether the rule of law is healthy? 
Poorly drafted dispute resolution clauses can trigger litigation before the real dispute is even addressed
As cryptocurrency becomes mainstream, family lawyers are increasingly confronting the challenges it creates on divorce
back-to-top-scroll