The claimant began a personal injury claim against her landlord. She wanted a freezing order, but began her claim in the County court. When she became aware that the county court had no jurisdiction to grant such an order, he sought to have the matter transferred to the High Court.
Held: Since the County Court had jurisdiction to deal with the substantive issue, the case could not be transferred.
Judges:
The Master of the Rolls Lord Justice Buxton Lord Justice Brooke
Citations:
[2005] EWCA Civ 1506, Times 13-Dec-2005
Links:
Statutes:
Jurisdiction:
England and Wales
Citing:
Cited – Siskina (owners of Cargo lately on Board) v Distos Compania Naviera SA HL 1979
An injunction was sought against a Panamanian ship-owning company to restrain it from disposing of a fund, consisting of insurance proceeds, in England. The claimant for the injunction was suing the company in a Cyprus court for damages and believed . .
Cited – Re NP Engineering and Security Products Ltd; Official Receiver and Another v Pafundo and Another CA 22-Oct-1996
The official receiver began director disqualification proceedings, but before the proceedings commenced, the company was wound up. Where, on an application for the disqualification of a director, the official receiver and the Secretary of State . .
Cited – Mercedes Benz Ag v Leiduck PC 24-Jul-1995
Mareva relief is not available against a foreigner outside the UK in order to support a court action abroad. A Mareva injunction is not itself a substantive relief and so was not available to support foreign proceedings. A freezing order has to be . .
Lists of cited by and citing cases may be incomplete.
Litigation Practice
Updated: 04 July 2022; Ref: scu.237453