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13 December 2007 / Tom Sprange , Khawar Qureshi KC
Issue: 7301 / Categories: Features , Procedure & practice
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Preserving the status quo

Khawar Qureshi QC and Tom Sprange discuss the latest developments in freezing orders

Worldwide freezing orders have historically received a mixed reception. The power to grant a freezing injunction in relation to foreign assets was first recognized in Babanaft International Co SA v Bassatne [1990] Ch 13, [1989] 1 All ER 433. Supporters of this form of relief consider it to be one of the most effective tools available to a claimant in large-scale international frauds and the “guided missile” of the wide array of relief available from the English courts.

Others complain that worldwide freezing orders are expensive, unwieldy and ultimately ineffective, but worst of all an imperialistic attempt by the English courts to assert a jurisdiction which is excessive and at odds with the approach of most other courts.

deliberate breaches

Lexi Holdings v Luqman and others [2007] EWHC 1508 (Ch), [2007] All ER (D) 23 (Jul) offers a recent example of the English courts’ approach.
The company’s administrators alleged that Shaid Luqman (the company’s managing director) had

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MOVERS & SHAKERS

London Solicitors Litigation Association—John McElroy

London Solicitors Litigation Association—John McElroy

Fieldfisher partner appointed president as LSLA marks milestone year

Kingsley Napley—Kirsty Churm & Olivia Stiles

Kingsley Napley—Kirsty Churm & Olivia Stiles

Firm promotes two lawyers to partnership across employment and family

Foot Anstey—five promotions

Foot Anstey—five promotions

Firm promotes five lawyers to partnership across key growth areas

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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