Source: All England Reporter
Publisher Citation: [2005] All ER (D) 334 (Nov)
Neutral Citation: [2005] EWHC 2666 (Comm)
Court: Queen's Bench Division (Commercial Court)
Judge:

Christopher Clarke J

Representation Simon Croall (instructed by Waterson Hicks) for the charterers.
  Geraldine Andrews QC (instructed by Zaiwalla & Co) for the owners.
Judgment Dates: 23 November 2005

Catchwords

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 Case

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.

Practice Areas

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