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07 April 2017
Issue: 7741 / Categories: Case law , Law digest , In Court
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Injunction

Taylor v Van Dutch Marine Holding Ltd and others [2017] EWHC 636 (Ch), [2017] All ER (D) 175 (Mar)

The Chancery Division allowed an application by the intervening third-party (which was a secured creditor of the second defendant, TCA) to vary a freezing order, granted in respect of that defendant and other defendants, to the effect that nothing in the order should prevent or restrict it from enforcing any rights it might have, under its facility agreement and debenture. The court held that, in a standard case, a secured creditor who sought to enforce its security over an asset did not need to apply to the court for a variation of a freezing order. It held that, whilst TCA had not needed to apply for a variation of the freezing order, the court should be sympathetic to a third party that wished to have clarity and that, on the facts, the variation sought by TCA was entirely justified and should be granted.

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NEWS
Pathfinder courts—renamed ‘Child focused courts’—are to be rolled out nationally, following a successful pilot where backlogs halved and cases were resolved up to seven and a half months faster
The Court of Appeal has unanimously dismissed a £385,000 costs order against a father, in a case that centred on what is required to meet the threshold of ‘reprehensible or unreasonable’ behaviour
Centuries-old burial laws would be overhauled, under Law Commission proposals to address the burgeoning problem of shortage of cemetery space
The government has committed an extra £32m to women’s charities and services tackling addiction, trauma, abuse and homelessness
The Financial Ombudsman is poised for major reform to return it to a simple, impartial dispute resolution service
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