The court was asked: ‘first, whether, in the case of a worldwide freezing order obtained in a foreign jurisdiction, the effect of obtaining an order under Article 38 of the Judgments Regulation (Council Regulation (EC) No. 44/2001 of 22 December 2000) (the ‘Judgments Regulation’) permitting the registration of the worldwide freezing order as a judgment of the Queen’s Bench Division of the High Court of Justice of England and Wales is that the worldwide freezing order becomes immediately effective and fully enforceable or whether it only becomes effective and fully enforceable if there is no appeal brought in respect of the registration order within two months of its being made or, if there is an appeal in that time period, on determination of that appeal; and secondly, whether ‘measures of enforcement’ (as referred to in Article 47.3 of the Judgments Regulation) includes service of the worldwide freezing order on, and/or notification of its terms to, third parties or whether ‘measures of enforcement’ are confined to processes in which the Court is involved in securing enforcement.’
Picken J
[2016] EWHC 1442 (QB)
Bailii
European, Litigation Practice
Updated: 18 January 2022; Ref: scu.565983