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11 September 2008 / John Fordham , Richard Garcia
Issue: 7336 / Categories: Features , Commercial
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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

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MOVERS & SHAKERS

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NEWS
Contract damages are usually assessed at the date of breach—but not always. Writing in NLJ this week, Ian Gascoigne, knowledge lawyer at LexisNexis, examines the growing body of cases where courts have allowed later events to reshape compensation
The Supreme Court has restored ‘doctrinal coherence’ to unfair prejudice litigation, writes Natalie Quinlivan, partner at Fieldfisher LLP, in this week' NLJ
The High Court’s refusal to recognise a prolific sperm donor as a child’s legal parent has highlighted the risks of informal conception arrangements, according to Liam Hurren, associate at Kingsley Napley, in NLJ this week
The Court of Appeal’s decision in Mazur may have settled questions around litigation supervision, but the profession should not simply ‘move on’, argues Jennifer Coupland, CEO of CILEX, in this week's NLJ
A simple phrase like ‘subject to references’ may not protect employers as much as they think. Writing in NLJ this week, Ian Smith, barrister and emeritus professor of employment law at UEA, analyses recent employment cases showing how conditional job offers can still create binding contracts
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