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Practice & procedure

18 July 2013
Issue: 7569 / Categories: Case law , Law digest , In Court
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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

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MOVERS & SHAKERS

Quinn Emanuel Urquhart & Sullivan—Andrew Savage

Quinn Emanuel Urquhart & Sullivan—Andrew Savage

Firm expands London disputes practice with senior partner hire

Druces—Lisa Cardy

Druces—Lisa Cardy

Senior associate promotion strengthens real estate offering

Charles Russell Speechlys—Robert Lundie Smith

Charles Russell Speechlys—Robert Lundie Smith

Leading patent litigator joins intellectual property team

NEWS
The government’s plan to introduce a Single Professional Services Supervisor could erode vital legal-sector expertise, warns Mark Evans, president of the Law Society of England and Wales, in NLJ this week
Writing in NLJ this week, Jonathan Fisher KC of Red Lion Chambers argues that the ‘failure to prevent’ model of corporate criminal responsibility—covering bribery, tax evasion, and fraud—should be embraced, not resisted
Professor Graham Zellick KC argues in NLJ this week that, despite Buckingham Palace’s statement stripping Andrew Mountbatten Windsor of his styles, titles and honours, he remains legally a duke
Writing in NLJ this week, Sophie Ashcroft and Miranda Joseph of Stevens & Bolton dissect the Privy Council’s landmark ruling in Jardine Strategic Ltd v Oasis Investments II Master Fund Ltd (No 2), which abolishes the long-standing 'shareholder rule'
In NLJ this week, Sailesh Mehta and Theo Burges of Red Lion Chambers examine the government’s first-ever 'Afghan leak' super-injunction—used to block reporting of data exposing Afghans who aided UK forces and over 100 British officials. Unlike celebrity privacy cases, this injunction centred on national security. Its use, the authors argue, signals the rise of a vast new body of national security law spanning civil, criminal, and media domains
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