Source: All England Reporter
Publisher Citation: [2002] All ER (D) 235 (Mar)
Court: Queen's Bench Division
Judge:

Cooke J
Representation Jonathon Acton Davis QC (instructed by Charles Russell) for the claimant.
  Richard Spearman QC (instructed by Taylor Joynson Garrett) for the defendant.
Judgment Dates: 15 March 2002

Catchwords

Practice - Pre-trial or post-judgment relief - Freezing order - Claimant obtaining freezing order against defendant - Defendant effectively a holding company - Defendant indebted to parent company - Risk of defendant selling assets to satisfy debt to parent company - Whether freezing order to be discharged.

The Case

The court discharged a freezing order and released a sum placed by the defendant in an escrow account where the claimant believed that the defendant, which was in effect a holding company, was likely to dissipate its assets to satisfy a debt to its parent company, on the grounds that a freezing order would not be granted to prevent a defendant from satisfying genuine debts and obligations, and the defendant's debt to its parent was such an obligation.

If you are a LexisLibrary subscriber you can read more about this case here.

Lexis®Library

  • The All England Law Reports comprises judgments with headnotes and catchwords indicating the area of law and key issues of the case prepared by legally qualified editorsFind AllER Reports
  • Cases related to this particular case that are related to, or discuss this caseView related cases
  • Commentary discussing this particular case from LexisLibrary's comprehensive range of titles including Butterworths, Halsbury's and TolleyView related commentary