Source: All England Reporter
Publisher Citation: [2011] All ER (D) 07 (Sep)
Neutral Citation: [2011] EWHC 337 (Comm)
Court: Queen's Bench Division, Commercial Court
Judge:

Burton J
Representation Simon Salzedo QC and Alexander Polley (instructed by Simmons & Simmons) for the claimant.
  Vernon Flynn QC and Tom Smith (instructed by Latham and Watkins) for the defendant.
Judgment Dates: 18 February 2011

Catchwords

Practice - Pre-trial or post-judgment relief - Freezing order - Arbitration - Order in support of enforcement of arbitration award - Defendant company failing to satisfy arbitration award granted in claimant company's favour - Claimant obtaining ex parte freezing order against defendant - Whether there should be cross-undertaking in damages - Whether injunction should be continued.

The Case

Practice Pre-trial or post-judgment relief. The Commercial Court, inter alia, continued an ex parte freezing order obtained by the claimant company against the defendant company in circumstances where the claimant had obtained an arbitration award in its favour that had remained unsatisfied by the defendant and there was clearly a determination by the defendant to avoid liability.

Practice Areas

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