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

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MOVERS & SHAKERS

Switalskis—Naila Arif, Harriet Findlay & Ellie Thompson

Switalskis—Naila Arif, Harriet Findlay & Ellie Thompson

Firm awards training contracts to paralegals through internal programme

Ward Hadaway—Matthew Morton

Ward Hadaway—Matthew Morton

Private client disputes specialist joins commercial litigation team

Thomson Hayton Winkley—Nina Hood

Thomson Hayton Winkley—Nina Hood

Cumbria firm appoints new head of residential property

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
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’ 
Family law must shift from conflict-driven litigation to child-centred problem-solving, according to a major new report. Writing in NLJ this week, Caroline Bowden of Anthony Gold outlines findings showing overwhelming support for reform, with 92% agreeing lawyers owe duties to children as well as clients
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