||All England Reporter
|| All ER (D) 334 (Nov)
|| EWHC 2666 (Comm)
||Queen's Bench Division (Commercial Court)
Christopher Clarke J
||Simon Croall (instructed by Waterson Hicks) for the charterers.
||Geraldine Andrews QC (instructed by Zaiwalla & Co) for the owners.
||23 November 2005
Practice - Pre-trial or post-judgment relief - Freezing order - Assets - Arbitration award - Arbitration award respondents' only substantial asset in jurisdiction - Whether appropriate to grant relief.
The charterers' application for a freezing injunction in respect of an excess due under an arbitration award in the owners' favour was refused: it was not inconsistent with principle that the owners should be able to use the proceeds of judgment to pay for future or reimburse for past legal expenses; and it was not just that the owners should be restrained from receiving and making use of those proceeds.
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