Source: All England Reporter
Publisher Citation: [2012] All ER (D) 150 (Jun)
Neutral Citation: [2012] EWHC 1687 (Comm)
Court: Queen's Bench Division, Commercial Court
Judge:

Field J

Representation Guy Phillips QC (instructed by SNR Denton UK LLP) for CBL.
  Vasanti Selvaratnam QC and Mary Gibbons (instructed by Berwin Leighton Paisner LLP) for the claimant.
Judgment Dates: 18 June 2012

Catchwords

Practice - Pre-trial or post-judgment relief - Freezing order - Freezing order being made against defendant Government of Gabon Republic for approximately £25m - Order aplying to money and bank accounts held by defendant with Citibank NA's London Branch (CBL) - CBL seeking to vary order - Whether good arguable case defendant having proprietary interest in funds transferred to CBL for payment to noteholders under Fiscal Agency Agreement - Whether freezing injunction to be granted - Arbitration Act 1966, s 66(1).

The Case

Practice Pre-trial or post-judgment relief. The Chancery Division held that an application to vary a freezing order made against the defendant would be allowed, where there was no arguable case that the defendant had a proprietary interest in funds transferred to the defendant's bank.

Practice Areas

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