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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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NEWS
The Law Society RFC Festival of Sport returns next month, bringing together legal and financial services professionals for one of the sector’s largest annual sporting events
Legal aid deserts leave almost one in four without adequate access to justice
The Solicitors Regulation Authority (SRA) has warned solicitors and law firms that using artificial intelligence does not alter their professional obligations, amid concerns over inaccurate legal material and client confidentiality
From forgotten interest claims to case-management appeals, a string of procedural developments offers useful—and occasionally cautionary—lessons for practitioners

Jonathan Fisher KC highlights that it now accounts for around 40% of criminal offences, with roughly 70% involving technology, and argues that the UK cannot simply prosecute its way out of the problem. Detection, investigation and prosecution all require improvement, while different fraud types demand tailored responses.

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