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08 March 2024
Issue: 8062 / Categories: Legal News , Freezing orders , Fraud , Commercial
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NLJ this week: Tests for freezing orders, the courts’ preference and a lack of clarity

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Freezing orders in fraud cases, The Niedersachsen threshold and the jurisdiction test come under scrutiny in this week’s NLJ

Alan Sheeley, partner, and Sara Esfandyari, associate, Pinsent Masons, explain how more clarity in this area of the law could help practitioners and fraud victims.

A fraud victim seeking a freezing order in order to reclaim their losses must first satisfy a court that they have a ‘good arguable case’. There are two tests for this— The Niedersachsen threshold and the jurisdiction test—but which do the courts prefer? Unfortunately, the law is not clear.

The authors cite two recent cases suggesting ‘that the English courts favour a pro-applicant approach, with the less demanding “good arguable case” test in The Niedersachsen seemingly the Commercial Court’s preferred approach in freezing order applications’. Sheeley and Esfandyari caution, however, that ‘the story doesn’t end here’ and that, until the Court of Appeal clarifies the position, practitioners should pay heed to both tests.

MOVERS & SHAKERS

Signature Litigation—Catherine Naylor

Signature Litigation—Catherine Naylor

International fraud and asset recovery offering boosted by partner hire

Stevens & Bolton—Alexa Payet

Stevens & Bolton—Alexa Payet

Private wealth disputes team adds contentious probate specialist

Morgan Lewis—Paul Feldberg

Morgan Lewis—Paul Feldberg

Firm strengthens investigations and sanctions capabilities with London partner hire

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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