The claimant had obtained a freezing order in standard form against the defendant company. The Director of the company had similar sole positions in three other companies. The claimant obtained a similar order against the assets of the other companies, even though not directly parties to the action. The defendant appealed.
Held: The appeal failed. The assets of the company all of whose shares were owned by a defendant himself subject to a standard form freezing order might not be the assets of the defendant, for the purposes of the order, but the scope of such an order was to restrain him diminishing the value of any of his assets, which included his shareholding in such a company, and the order would therefore restrain him from procuring thosee companies making any disposition of assets likely to result in such a diminution.
Rimer, Tomlinson LJJ, Sir Bernard Rix
[2014] EWCA Civ 636, [2015] 1 WLR 291, [2014] WLR(D) 216, [2014] CP Rep 37, [2014] 1 CLC 688, [2014] 1 CLC 68
Bailii, WLRD
England and Wales
Citing:
See Also – Lakatamia Shipping Co Ltd v Su ComC 20-Mar-2014
. .
See Also – Lakatamia Shipping Co Ltd v Nobu Su and Others ComC 13-Feb-2014
. .
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 . .
See Also – Lakatamia Shipping Co Ltd and Others v Nobu Su/Hsin Chi Su (Aka Su Hsin Chi; Aka Nobu Morimoto) and Others ComC 5-Nov-2014
. .
See Also – Lakatamia Shipping Company Ltd v Su CA 16-Sep-2019
Application for bail after committal for contempt on finding of guilt of numerous breaches of court orders relating to the case. . .
See Also – Lakatamia v Su CA 24-Sep-2019
Application for an extension of time for appeal against a committal order. The grounds for the committal were multiple breaches of freezing orders, orders requiring disclosure of assets and orders requiring the defendant not to leave the . .
See Also – Lakatamia Shipping Co Ltd and Others v Su and Others ComC 30-Jan-2020
Application for committal for contempt. . .
See Also – Lakatamia Shipping Company Ltd and Others v Su (Aka Su Hsin Chi; Aka Nobu Moritomo) and Others ComC 3-Apr-2020
. .
See Also – Lakatamia Shipping Company Ltd and Others v Su and Others ComC 8-Apr-2020
. .
See Also – Lakatamia Shipping Company Ltd and Others v Su and Others ComC 9-Nov-2020
Application by Lakatamia pursuant to CPR Part 31.22 to use documents obtained from the Respondent, Mr Su, in these proceedings pursuant to a search order made in related proceedings bearing the claim . .
See Also – Lakatamia Shipping Company Ltd and Others v Su and Others ComC 11-Dec-2020
Application by the claimant, Lakatamia, to re-amend its committal application notice to incorporate 11 additional alleged contempts on the part of the first defendant, . .
See Also – Lakatamia Shipping Company Ltd v Nobu Su and Others ComC 25-Jan-2021
Application to re-re-amend the Particulars of Claim and the second is an application for specific disclosure also made by the claimant, Lakatamia. . .
See Also – Lakatamia Shipping Company Ltd and Others v Su and Others ComC 15-Apr-2021
. .
See Also – Lakatamia Shipping Company Ltd v Su and Others ChD 1-Jul-2021
Interpretation of the phrase ‘has had a place of residence’ in section 263I(2)(b) of the Insolvency Act 1986. . .
See Also – Lakatamia Shipping Co Ltd v Su and Others ComC 8-Jul-2021
Alleged cause of action in unlawful means conspiracy as to whether the Defendants including the Second Defendant Toshiko Morimoto (‘Madam Su’) conspired together to injure Lakatamia by unlawful means, namely by the dissipation of two assets of Madam . .
See Also – Lakatamia Shipping Company Ltd and Others v Su and Others CA 30-Jul-2021
Use of passport orders in enforcement of collection of judgment debt. . .
See Also – Lakatamia Shipping Company Ltd v Su ComC 15-Sep-2021
Reasons for dismissal of appeal from maximum sentence of two years imprisonment for contempt. . .
Lists of cited by and citing cases may be incomplete.
Litigation Practice
Updated: 29 December 2021; Ref: scu.525631