Source: All England Reporter
Publisher Citation: [2010] All ER (D) 207 (May)
Neutral Citation: [2010] EWHC 1150 (Ch)
Court: Chancery Division

Floyd J

Representation Robert Howe QC and Brian Kennelly (instructed by SJ Berwin LLP) for the 1st, 2nd, 12th, 13th, and 16th to 19th defendants in the action.
  Charles Hollander QC and Tony Singla (instructed by SJ Berwin LLP) for the applicants in the administration action.
  Ewan McQuater QC, Sonia Tolany and Sandy Phipps (instructed by Freshfields Bruckhaus Deringer) for the claimants in the action and the respondents in the administration proceedings.
Judgment Dates: 21 May 2010


Practice - Pre-trial or post-judgment relief - Freezing order - Cross-undertaking in damages - Claimant companies placed in administration - Claimant commencing proceedings against two of its former directors and others on basis of conspiracy to defraud allegations - Claimants obtaining worldwide freezing and search orders against defendants - Defendants applying for fortification of cross-undertaking in respect of freezing orders - First and second defendants seeking appointment of additional administrators - Whether applications should be granted.

The Case

Practice Pre-trial or post-judgment relief. The Chancery Division ruled: (i) on the defendants' application for a fortification of the cross-undertaking in damages in respect of a freezing order obtained against them in proceedings for conspiracy to defraud the claimant companies; and (ii) on the application by the first and second defendants for appointment of additional administrators on the basis that the firm in which the claimants' administrators were partners (and its predecessor entities) had acted as personal tax advisors to the first defendant and were therefore in a position of conflict in respect of the fraud proceedings.

Practice Areas

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