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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

Slater Heelis—Charlotte Beck

Slater Heelis—Charlotte Beck

Partner and Manchester office lead appointed head of family

Civil Justice Council—Nigel Teasdale

Civil Justice Council—Nigel Teasdale

DWF insurance services director appointed to Civil Justice Council

R3—Jodie Wildridge

R3—Jodie Wildridge

Kings Chambers barrister appointed chair of R3 Yorkshire

NEWS

The abolition of assured shorthold tenancies and section 21 evictions marks the beginning of a ‘brave new world’ for England’s rental sector, writes Daniel Bacon of Seddons GSC

Stephen Gold’s latest Civil Way column rounds up a flurry of procedural and regulatory changes reshaping housing, alternative dispute resolution (ADR) and personal injury litigation
Patients are being systematically failed by an NHS complaints regime that is opaque, poorly enforced and often stacked against them, argues Charles Davey of The Barrister Group
A wealthy Russian divorce battle has produced a sharp warning about trying to challenge foreign nuptial agreements in the wrong English court. Writing in NLJ this week, Vanessa Friend and Robert Jackson of Hodge Jones & Allen examine Timokhin v Timokhina, where the High Court enforced Russian judgments arising from a prenuptial agreement despite arguments based on the landmark Radmacher decision
An obscure Victorian tort may be heading for an unexpected revival after a significant Privy Council ruling that could reshape liability for dangerous escapes, according to Richard Buckley, barrister and emeritus professor of law at the University of Reading
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