header-logo header-logo

18 July 2013
Issue: 7569 / Categories: Case law , Law digest , In Court
printer mail-detail

Practice & procedure

Sukhoruchkin and others v Van Bekestein and others [2013] EWHC 1993 (Ch), [2013] All ER (D) 150 (Jul)

It was settled law that an asset freezing injunction involved imposing a restraint on a defendant dealing with his own assets, whereas a proprietary injunction involved imposing a restraint on the defendant dealing with the claimant’s assets or with assets in which the claimant had an existing proprietary interest. The requirements for a proprietary injunction were not identical to those for a freezing injunction. The principles to be applied were the normal American Cyanamid principles. The reality of any threat to interfere with the property in which the claimant said that it had a proprietary interest had to be relevant to the court’s decision whether to intervene by granting an injunction. It was settled law that a loss claimed by a shareholder which was merely reflective of a loss suffered by the company was not recoverable by the shareholder, save in a case where, by reason of the wrong done to it, the company was unable to pursue

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

Taylor Rose—Jacqui Hayat & Andrew Bentham

Taylor Rose—Jacqui Hayat & Andrew Bentham

Taylor Rose strengthens Medical Negligence team with senior leadership appointments

Birmingham Law Society—Sabina Kauser

Birmingham Law Society—Sabina Kauser

Ward Hadaway partner appointed Vice President of Birmingham Law Society

Excello Law—Nick Gore & Irfan Ali

Excello Law—Nick Gore & Irfan Ali

Excello Law immigration boost with two more hires from Irwin Mitchell

NEWS
Developers in areas with poorly performing councils can apply directly to the Planning Inspectorate for permission under section 62A of the Town and Country Planning Act 1990
A divorced woman has secured funding to participate in her former husband’s inquest after the Legal Aid Agency reconsidered repeated refusals
When does a solicitor’s retainer become a contentious business agreement? The Court of Appeal’s decision in Broadfield Law UK LLP v Barnes shows that listing hourly rates alone will not do, leaving firms and clients uncertain about their rights over bills
The Thirlwall Inquiry has exposed a ‘complete failure’ to protect babies at the Countess of Chester Hospital, but its recommendations must now be put into practice
MPs cannot simply resign their Commons seats. Instead, they take a nominal Crown office, usually the Chiltern Hundreds or Manor of Northstead, which disqualifies them from sitting
back-to-top-scroll