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17 August 2012
Issue: 7527 / Categories: Case law , Law reports , In Court
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Practice—Pre-trial or post-judgment relief—Freezing order

Star Reefers Pool Inc v JFC Group Co Ltd [2012] EWHC 1803 (Comm), [2012] All ER (D) 50 (Aug)

Queen’s Bench Division, Commercial Court, Colin Edelman QC, 9 Mar 2012

The Commercial Court dealt with a number of aspects of enforcing a post-judgment worldwide freezing order.

Simon Rainey QC and Tom Macey-Dare (instructed by Stevenson Harwood) for the claimant. Steven Gee QC and Peter Stevenson (instructed by Swinnerton Moore LLP) for the defendant.

The claimant was granted a post-judgment worldwide freezing order against the defendant company upon an underlying claim which related to guarantees. The freezing order contained a prohibition on the defendant from dealing with or disposing by an “officer or agent appointed by power of attorney” with any of its assets other than in the ordinary or proper course of business. Further, before dealing with or disposing with assets exceeding £25,000 in value, the defendant was required to inform the claimant’s solicitors. As a result of the freezing order, the claimant applied for a number of

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London Solicitors Litigation Association—John McElroy

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NEWS
Freezing orders in divorce proceedings can unexpectedly ensnare third parties and disrupt businesses. In NLJ this week, Lucy James of Trowers & Hamlins explains how these orders—dubbed a ‘nuclear weapon’—preserve assets but can extend far beyond spouses to companies and business partners 
A Court of Appeal ruling has clarified that ‘rent’ must be monetary—excluding tenants paid in labour from statutory protection. In this week's NLJ, James Naylor explains Garraway v Phillips, where a tenant worked two days a week instead of paying rent
Thousands more magistrates are to be recruited, under a major shake-up to speed up and expand the hiring process
Three men wrongly imprisoned for a combined 77 years have been released—yet received ‘not a penny’ in compensation, exposing deep flaws in the justice system. Writing in NLJ this week, Dr Jon Robins reports on Justin Plummer, Oliver Campbell and Peter Sullivan, whose convictions collapsed amid discredited forensics, ‘oppressive’ police interviews and unreliable ‘cell confessions’
A quiet month for employment cases still delivers key legal clarifications. In his latest Employment Law Brief for NLJ, Ian Smith reports that whistleblowing protection remains intact even where disclosures are partly self-serving, provided the worker reasonably believes they serve the ‘public interest’ 
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