The court was asked as to the construction about the meaning of the words ‘his assets’ as they appear in the standard form of freezing order set out in Appendix 5 to the current edition of the Commercial Court Guide. In short, that issue is whether those words include assets which the respondent to the order holds as a trustee or nominee for a third party. If that is the correct construction of the order it means that subsequent amendments to the published forms of freezing order have considerably enlarged the scope of the injunction following the decision of this court in Federal Bank of the Middle East v Hadkinson [2000] 1 WLR 1695 that the expression ‘his assets and/or funds’ in the standard form of freezing order appended to CPR 25 PD did not include assets which, though held in the name of the respondent, were owned beneficially by someone else.
Judges:
Longmore, Aikens, Patten LJJ
Citations:
[2010] EWCA Civ 1436, [2010] 2 CLC 925, [2011] 1 P and CR DG21, [2011] 1 WLR 888
Links:
Jurisdiction:
England and Wales
Cited by:
Cited – JSC BTA Bank v Ablyazov SC 21-Oct-2015
The court was asked as to the interpretation and application of the standard form freezing order. In the course of long-running litigation between JSC BTA Bank and Mr Ablyazov the Bank had obtained a number of judgments against the respondent . .
Lists of cited by and citing cases may be incomplete.
Litigation Practice
Updated: 28 August 2022; Ref: scu.427176