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Practice

20 November 2014
Issue: 7631 / Categories: Case law , Law digest , In Court
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Fiona Trust & Holding Corporation and others v Privalov and others [2014] EWHC 3102 (Comm), [2014] All ER (D) 61 (Oct)

In earlier proceedings, the claimant Russian shipping companies had alleged that the various defendants had been dishonestly involved in schemes to enrich a Russian businessman. The claimants had obtained freezing orders against the defendants and gave undertakings (the undertakings) to compensate the defendants in the event that the court found them to have suffered loss consequent upon the orders. Some, but not all of the claims had succeeded. Some of the defendants to the orders (the applicants in the present proceedings) alleged that they suffered loss consequent upon those orders and that the orders had been improperly made due to alleged misrepresentation and lack of disclosure and had caused them loss. They applied for directions for an assessment of compensation for loss suffered to be paid, under the undertakings. The Commercial Court, in granting the application, held that the impropriety of the claimants who had obtained the freezing orders had been such that it would be wrong

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NEWS
In a special tribute in this week's NLJ, David Burrows reflects on the retirement of Patrick Allen, co-founder of Hodge Jones & Allen, whose career epitomised the heyday of legal aid
Writing in NLJ this week, Kelvin Rutledge KC of Cornerstone Barristers and Genevieve Screeche-Powell of Field Court Chambers examine the Court of Appeal’s rejection of a discrimination challenge to Tower Hamlets’ housing database
Michael Zander KC, Emeritus Professor at LSE, tracks the turbulent passage of the Terminally Ill Adults (End of Life) Bill through the House of Lords in this week's issue of NLJ. Two marathon debates drew contributions from nearly 200 peers, split between support, opposition and conditional approval
Alistair Mills of Landmark Chambers reflects on the Human Rights Act 1998 a quarter-century after it came into force, in this week's issue of NLJ
In his latest Civil Way column for NLJ, Stephen Gold surveys a raft of procedural changes and quirky disputes shaping civil practice. His message is clear: civil practitioners must brace for continual tweaks, unexpected contentions and rising costs in everyday litigation
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