header-logo header-logo

11 September 2008 / John Fordham , Richard Garcia
Issue: 7336 / Categories: Features , Commercial
printer mail-detail

Proceed with care

Wrongly obtained freezing orders will not survive for long, say John Fordham and Richard Garcia

Hot on the heels of Exxon Mobil's failure to hang on to the $12bn worldwide freezing injunction ordered by the English court against PDVSA, the Venezuelan national oil company, an attempt at freezing the assets of the Republic of Bolivia and its telecommunications company, Entel, has recently been thrown out by the English court.

In both cases, the English court granted a freezing order, without notice to the defendants, in order to protect the position until an all parties hearing could be convened, and, in both cases, the freezing orders were then discharged forthwith. Far from auguring the end of English assistance to foreign proceedings, these cases show the willingness of the English court to play a leading role at the forefront of international dispute resolution, but only in circumstances where there is a legitimate basis on which to do so.
ETI v (1) Bolivia (2) Entel

On 7 May 2008, Euro Telecom International NV (ETI) applied to

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

Penningtons Manches Cooper—Jean-François Le Gal

Penningtons Manches Cooper—Jean-François Le Gal

Penningtons Manches Cooper strengthens international disputes team with appointment of leading arbitration partner

Shakespeare Martineau—Aaron Sanders & Kate Saunders

Shakespeare Martineau—Aaron Sanders & Kate Saunders

Shakespeare Martineau strengthens trust and estates disputes team with new appointments

Bellevue Law—Shannon Moore

Bellevue Law—Shannon Moore

Bellevue Law strengthens employment disputes and international advisory capability with senior associate appointment

NEWS
A divorced woman has secured funding to participate in her former husband’s inquest after the Legal Aid Agency reconsidered repeated refusals
More than 500 former rugby players can pursue brain injury claims despite serious failures to disclose documents ordered by the High Court
Developers in areas with poorly performing councils can apply directly to the Planning Inspectorate for permission under section 62A of the Town and Country Planning Act 1990
When does a solicitor’s retainer become a contentious business agreement? The Court of Appeal’s decision in Broadfield Law UK LLP v Barnes shows that listing hourly rates alone will not do, leaving firms and clients uncertain about their rights over bills
MPs cannot simply resign their Commons seats. Instead, they take a nominal Crown office, usually the Chiltern Hundreds or Manor of Northstead, which disqualifies them from sitting
back-to-top-scroll