1,720,962 research outputs found
Rethinking the scope of freezing injunctions
No full textThe English courts routinely preface their decisions with prominent remarks about the draconian nature of freezing injunctions, frequently described as one of the nuclear weapons in the courts’ armoury. However, the increasing number of cases involving wrongfully granted injunctions suggests that the courts may not be doing enough to protect defendants. The author advocates a modest shift of emphasis away from the traditional, one-dimensional view that freezing injunctions are solely designed as a weapon against unscrupulous defendants. Instead, the author argues that freezing injunctions should be seen as a reflection of the principle of equipage equality. The author argues that some of the key preconditions for granting freezing injunctions are overly claimant-friendly and need to be reformulated in order to ensure a level-playing field in litigation. Although there are a number of important safeguards for defendants and the courts are generally sensitive to the competing interests of the parties, it will be demonstrated that there is still some room for improvement
Private International Law Aspects of Freezing Injunctions
Full text linkThe Commercial Court in London is frequently dealing with applications for a freezing injunction. The vast majority of academic literature and court decisions directly or indirectly adopt the view that freezing injunctions have stood the test of time and are so frequently granted in commercial litigation that there is no need for any serious concern about their scope, let alone the need to identify and question the legitimacy of the justifications for their existence. Contrary to the traditional view, this thesis has identified equipage equality as the primary function of freezing injunctions. This recognition that freezing injunctions seek to establish a level-playing field in litigation has led the author to conclude that the current scope of the relief is excessively claimant-friendly and involves illegitimate interference with the sovereignty of foreign states. Taking into account the tactical reasons for seeking a freezing injunction, the author challenges the current interpretation of the substantive preconditions for granting the relief. Their current interpretation does not strike a fair balance between the interests of the parties. The author argues that these concerns are exacerbated by the current international scope of freezing injunctions due to the insufficient regard for the principles of public international law. The encroachment on the jurisdiction of foreign states undermines equipage equality by enabling claimants to make multiple applications for interim relief in respect of the same assets. In the light of the above, the author has sought to make a range of proposals to restrict the scope of freezing injunctions with the aim of bringing the relief in line with equipage equality
Freezing the charterer's assets: Delta Kanaris v Elemento [2019] EWHC 2875 (Comm)
No full textCommentary on the recent decision of the Commercial Court in Delta Kanaris v Elemento Ltd [2019] EWHC 2875 (Comm)
The scope of Chabra freezing injunctions against third parties: a time for a more cautious approach?
No full textThere has been a noticeable rise in the frequency of the so called Chabra injunction cases in the English courts where claimants are seeking to restrain third parties, against whom there is no cause of action, from dealing with their assets. By taking lessons from the historical and theoretical foundations of this unusual form of relief, this article will examine potential concerns about the evidential thresholds that a claimant is required to cross. Instead of limiting the analysis to domestic Chabra injunction cases with no foreign element, the article will also deal with the complex and controversial issues of jurisdiction arising as a matter of English private international law in cross-border commercial litigation and arbitration. The article will make some reform proposals in accordance with two broad objectives: creating a more equitable distribution of freedom between claimants and third parties, and ensuring that the English courts respect the territorial jurisdiction of the foreign court
Extraterritorial injunctions in international litigation: SAS Institute Inc v World Programming Ltd [2020] EWCA Civ 599
No full textThis paper discusses the recent developments relating to extraterritorial injunctive relief from the English courts and the treatment of similar orders from the foreign courts. It focuses on the potential implications of the Court of Appeal's decision in SAS Institute Inc v World Programming Ltd [2020] EWCA Civ 599. The paper includes analysis of the Court of Appeal's clarification of the principle of comity in the context of anti-suit and anti-enforcement injunctions
Jurisdiction and freezing injunctions: a reassessment
No full textThe existing international scope of English freezing injunctions in support of foreign proceedings is excessively claimant-friendly and inconsistent with the need for a level playing field in litigation. The English courts must reconsider the current boundaries of relief by taking into account the international systemic perspective on the purpose of private international law rules. This theoretical perspective requires a multilateral and horizontal approach to the existence of jurisdiction rather than the unilateral and vertical approach that exists under the rules of jurisdiction of English national law. The traditional justifications for the availability of collateral freezing injunctions with respect to assets located abroad rest on a series of fundamental theoretical flaws. This paper proposes a range of reforms with the aim of strengthening the equality of the parties and eliminating encroachment on the sovereignty of foreign states
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