Source: All England Reporter
Publisher Citation: [2006] All ER (D) 39 (Sep)
Court: Queen's Bench Division (Commercial Court)

Christopher Clarke J

Representation Catherine Newman QC and Gregory Banner (instructed by Kerman & Co LLP) for the applicant.
  David Oliver QC, Mark Hoyle and Tim Hammond (instructed by Healys) for the respondent.
Judgment Dates: 11 September 2006


Practice - Pre-trial or post-judgment relief - Freezing order - Applicant having permission to enforce arbitral costs award - Respondent bring proceedings challenging costs award - Applicant obtaining freezing order against respondent - Whether appropriate to continue freezing order.

The Case

In the circumstances of the case, the applicant had not satisfied the relatively high burden of establishing that the respondent would dissipate its assets, and therefore it would not be appropriate to continue a freezing order obtained by the applicant against the respondent.

Practice Areas

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