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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

HFW—Nelson Wang

HFW—Nelson Wang

HFW strengthens global insurance practice and Greater China offering with London Partner hire

Burges Salmon—David McEwing

Burges Salmon—David McEwing

Burges Salmon boosts Energy and Utilities practice with appointment of David McEwing

Browne Jacobson—Alexander Studholme

Browne Jacobson—Alexander Studholme

Browne Jacobson adds international construction arbitration partner in London push

NEWS
A former senior judge has warned peers against scrapping juries for fraud and financial crimes, ahead of the Courts and Tribunals Bill’s second reading in the House of Lords this week
Civil practitioners face changes spanning debt recovery, workplace harassment and possession claims, alongside guidance on insolvency challenges and children proceedings

Finding matrimonial wealth is as challenging as dividing it, as family disputes draw practitioners into asset tracing, offshore structures and insolvency

Agreement between opponents offers no guarantee that a court will approve a retrospective increase to a costs budget
Climate change belongs on every lawyer’s agenda, with risks extending far beyond environmental practice into commercial advice, litigation and access to justice
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