Trusts: Worldwide freezing orders

New Square Chambers | Trusts and Estates Law & Tax Journal | January/February 2023 #240
Simon Adamyk and Jessica Powers outline welcome clarification on the application process for obtaining freezing orders In order to establish a real risk of dissipation, the claimants had to do more than merely establish a good arguable case of dishonesty: rather, the court had to be satisfied that the particular dishonesty alleged pointed to the …

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Insights by Penningtons Manches: Securing costs

Penningtons Manches Cooper LLP | The Commercial Litigation Journal | January/February 2018 #77
Clare Arthurs and Nicole Finlayson take a look at some recent costs cases ‘It is evident from the judgment in Premier Motorauctions that the existence of ATE insurance will be taken into account by the court when assessing a claimant‘s ability to pay an adverse costs order.‘ As the nights drew in, the end of …

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Injunctions: Glacial globe trotting

Herbert Smith Freehills LLP | The Commercial Litigation Journal | September/October 2017 #75
Gareth Keillor and Tom Brown review the test for establishing the existence of assets for freezing injunctions ‘The court does not wish to act for no reason, so will not grant an order if there are no assets upon which the injunction could bite.’ In the recent case of Ras Al Khaimah Investment Authority v …

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Injunctive Relief: Take no notice

Serle Court | The Commercial Litigation Journal | May/June 2017 #73
Richard Walford looks at the future of notification orders ‘The terms of the notification order were in reality a variant of those of a conventional freezing order, and therefore the same threshold requirements applied.’The dealings between Mr Mark Holyoake and the Candy brothers have caused a welter of accusation and counter-accusation: as might be expected …

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