A world wide asset freezing order had been made. The defendants sought that it be set aside. Pending the hearing of their application, they sought also delay of their obligation to co-operate in providing full details of their finances.
Held: The asset freezing order remained in place. To be effective the information was needed from the defendant. Since they accepted that the order must continue, it followed that the means enquiry must also take place. Where an appeal is grounded on an alleged lack of jurisdiction to make the (disobeyed) order at all, it was generally right to hear the contemnor: ‘we bear in mind that the defendants’ appeals are essentially defensive in nature. Their stance in this jurisdiction has been one of resistance to a series of restrictive and intrusive orders sought by the claimant in foreign proceedings, rather than a voluntary invocation of the powers of the English court for their own benefit. This seems to us to bear on the proportionality of precluding them, as parties in contempt, from what would otherwise be their right of appeal against the freezing orders to which the orders for cross-examination were ancillary. In all the circumstances, we take the view that the defendants should be heard upon, and their arguments treated as addressed to, all of their appeals and applications now before us.’
Judges:
Lord Woolf, Lord Chief Justice, Lord Justice Waller and Lord Justice Sedley
Citations:
Times 10-Jul-2002, Gazette 30-Aug-2002, [2002] EWCA Civ 989, [2002] 2 All ER (Comm) 945
Links:
Jurisdiction:
England and Wales
Cited by:
Cited – BAS Capital Funding Corporation, Deutsche Bank Ag London, Paine Webber Capital Inc, PW Exe Lp, Pw Partners 1999 Lp v Medfinco Limited, Abacus Holdings Limited, Andreas W Gerdes, HTC Inc, etc ChD 25-Jul-2003
The claimants wanted to bring actions in respect of various matters under shareholders agreements in complex international joint ventures. Leave was given to serve English proceedings in Malta, and the claim form and particulars of claim were faxed . .
Cited – Polanski v Conde Nast Publications Limited CA 11-Nov-2003
The claimant sought damages for defamation. He feared arrest and extradition to the US if he came to England, and was granted an order allowing him to give evidence by video link. The defendant appealed that order.
Held: There was no absolute . .
See Also – Motorola Credit Corporation v Uzan and others (No 2) CA 12-Jun-2003
World-wide freezing orders had been made under the 1982 Act. The defendants were members of a Turkish family with substantial business interests in the telecommunications industry. In breach of orders made in the US some defendants had sought to . .
Cited – ETI Euro Telecom International Nv v Republic of Bolivia and Another CA 28-Jul-2008
The parties were involved in an international investment dispute arbitration. An injunction had been sought to prevent repatriation of assets to Bolivia.
Held: The international system of arbitration was not subject to any national law and did . .
Lists of cited by and citing cases may be incomplete.
Litigation Practice, Contempt of Court
Updated: 25 September 2022; Ref: scu.174310