Freezing and Search Orders Flashcards
Mareva v International Bulkcarriers
First reported freezing order
Siskina v Distos
Freezing order designed prevent judgement for damages being a harmless thunderbolt
Allen v Jumbo Holdings
Aeroplanes are an asset
The Rena K
Ships are an asset
United Kingdom v Lambert
Jewelllery, art and choses in action are assets
Derby & Co v Weldon
Guidelines for obtaining a freezing order:
1) Good arguable case
2) Grounds for believing defendant has sufficient assets within the jurisdiction
3) Risk of dissipation (must rebut presumption that D will pay) - objective assessment (adduce evidence of dishonesty)
Customs & Excise Commissioners v Anchor Food
Requires good arguable case for risk of dissipation
JSC BTA Bank v Ablyazov
Evidence of misconduct or stealing may be used to establish risk of dissipation
Re BCCI
Extra-territorial freezing order can be granted if there are insufficient domestic assets and it is not unduly oppressive
The Angel Bell
Claimant gets no interest in the property subject to the freezing order
The Cretan Order
Claimant has no priority upon insolvency
Law Society v Shanks
C should inform third parties who handle D’s assets of the existence of the freezing order
Z Ltd v A-Z and AA-LL
Allowances for reasonable living expenses will depend on the nature of the claimant and their standard of living
Normid Housing Association v Ralphs and Mansell
Businesses will not be allowed to run bankrupt under a freezing order
Yousif v Salava
Search order allows claimant to inspect documents or other articles
Anton Piller v Manufacturing Processes
Guidelines for search order:
1) Extremely strong prima facie case on evidence already in possession (higher threshold)
2) Actual or potential damage must be very serious for the claimant
3) Clear evidence that defendant has incriminating documents in their possession and there is a real possibility of their destruction (clear and compelling)
Lock International v Beswick
Need for proportionality between perceived threat and remedy granted
Chappell v UK
Search orders allowed under HR due to difficulty in obtaining them and stringent safeguards
Williams v Barton
Trustee/fiduciary is required to account for any incidental profit they have made in breach of fiduciary duties
AG for Hong Kong v Reid
Agent/fiduciary has to account for bribe or secret profits
AG v Blake
A person may have to account for profits gained by the unauthorised use of information in breach of confidence
