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In search of clarity on freezing orders

08 March 2024 / Alan Sheeley , Sara Esfandyari
Issue: 8062 / Categories: Features , Freezing orders , Fraud , Commercial
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The ‘good arguable case’ test is under debate. Alan Sheeley & Sara Esfandyari explain how clearer wording could help practitioners and fraud victims
  • Considers recent case law seeking to clarify the ‘good arguable case’ requirement in freezing order applications.
  • Examines the judgments in detail and makes the case for fresh consideration by the Court of Appeal.

Freezing orders are a vital tool for victims of fraud looking to pursue their losses through the courts, to ensure assets are preserved to satisfy any judgment. They are often sought pre-proceedings, frequently under time pressure and without notice to the defendant, given the need to avoid assets being dissipated.

If a claimant wishes to obtain a freezing order against a defendant, their application must meet certain criteria. One of these is that the claimant must have a ‘good arguable case on the merits’.

But when is a case a ‘good arguable’ one? This has been debated recently in Unitel SA v Unitel International Holdings BV and another [2023] EWHC 3231 (Comm) and

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NEWS
The landmark Supreme Court’s decision in Johnson v FirstRand Bank Ltd—along with Rukhadze v Recovery Partners—redefine fiduciary duties in commercial fraud. Writing in NLJ this week, Mary Young of Kingsley Napley analyses the implications of the rulings
Barristers Ben Keith of 5 St Andrew’s Hill and Rhys Davies of Temple Garden Chambers use the arrest of Simon Leviev—the so-called Tinder Swindler—to explore the realities of Interpol red notices, in this week's NLJ
Mazur v Charles Russell Speechlys [2025] has upended assumptions about who may conduct litigation, warn Kevin Latham and Fraser Barnstaple of Kings Chambers in this week's NLJ. But is it as catastrophic as first feared?
Lord Sales has been appointed to become the Deputy President of the Supreme Court after Lord Hodge retires at the end of the year
Limited liability partnerships (LLPs) are reportedly in the firing line in Chancellor Rachel Reeves upcoming Autumn budget
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