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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.

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NEWS
Cheating in driving tests is surging—and courts are responding firmly. Writing in NLJ this week, Neil Parpworth of De Montfort Law School charts a rise in impersonation and tech-assisted fraud, with 2,844 attempts recorded in a year
As AI-generated ‘deepfake’ images proliferate, the law may already have the tools to respond. In NLJ this week, Jon Belcher of Excello Law argues that such images amount to personal data processing under UK GDPR
In a striking financial remedies ruling, the High Court cut a wife’s award by 40% for coercive and controlling behaviour. Writing in NLJ this week, Chris Bryden and Nicole Wallace of 4 King’s Bench Walk analyse LP v MP [2025] EWFC 473
A €60.9m award to Kylian Mbappé has refocused attention on football’s controversial ‘ethics bonus’ clauses. Writing in NLJ this week, Dr Estelle Ivanova of Valloni Attorneys at Law examines how such provisions sit within French labour law

The Court of Appeal has slammed the brakes on claimants trying to swap defendants after limitation has expired. In Adcamp LLP v Office Properties and BDB Pitmans v Lee [2026] EWCA Civ 50, it overturned High Court rulings that had allowed substitutions under s 35(6)(b) of the Limitation Act 1980, reports Sarah Crowther of DAC Beachcroft in this week's NLJ

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