header-logo header-logo

Law digests: 31 October 2025

31 October 2025
Issue: 8137 / Categories: Case law , In Court , Law digest
printer mail-detail

Freezing order

Alta Trading UK Ltd and other companies v Bosworth and others [2025] EWHC 2724 (Comm)

The Commercial Court ruled on applications concerning an inquiry into damages relating to a worldwide freezing order. Following dismissal of the claimants’ fraud claims and enforcement of the defendants’ undertakings in damages, the defendants sought to amend their statements of case to argue that the claimants had dishonestly obtained and maintained the freezing order. The court granted permission for most of the defendants’ proposed amendments, including their argument that the claimants should not be permitted to rely on their own allegedly dishonest conduct in the underlying proceedings to defeat causation in the damages inquiry. The court held that the ‘own wrong’ principle, while not a freestanding principle of universal application, was at least well arguable in this context as a matter of public policy or evaluative judgment in causation. The court rejected the claimants’ application to strike out the dishonesty allegations, finding they could be relevant to causation issues, and allowed some of the defendants’ applications

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

Browne Jacobson—Matthew Kemp

Browne Jacobson—Matthew Kemp

Firm grows real estate team with tenth partner hire this financial year

Hogan Lovells—Lisa Quelch

Hogan Lovells—Lisa Quelch

Partner hire strengthens global infrastructure and energy financing practice

Sherrards—Jan Kunstyr

Sherrards—Jan Kunstyr

Legal director bolsters international expertise in dispute resolution team

NEWS
Can a chief constable be held responsible for disobedient officers? Writing in NLJ this week, Neil Parpworth, professor of public law at De Montfort University, examines a Court of Appeal ruling that answers firmly: yes
Early determination is no longer a novelty in arbitration. In NLJ this week, Gustavo Moser, arbitration specialist lawyer at Lexis+, charts the global embrace of summary disposal powers, now embedded in the Arbitration Act 1996 and mirrored worldwide. Tribunals may swiftly dismiss claims with ‘no real prospect of succeeding’, but only if fairness is preserved
The Ministry of Justice is once again in the dock as access to justice continues to deteriorate. NLJ consultant editor David Greene warns in this week's issue that neither public legal aid nor private litigation funding looks set for a revival in 2026
Civil justice lurches onward with characteristic eccentricity. In his latest Civil Way column, Stephen Gold, NLJ columnist, surveys a procedural landscape featuring 19-page bundle rules, digital possession claims, and rent laws he labels ‘bonkers’
Neurotechnology is poised to transform contract law—and unsettle it. Writing in NLJ this week, Harry Lambert, barrister at Outer Temple Chambers and founder of the Centre for Neurotechnology & Law, and Dr Michelle Sharpe, barrister at the Victorian Bar, explore how brain–computer interfaces could both prove and undermine consent
back-to-top-scroll