22 November 2024
Freezing injunctions are 50 years old next year and still very much a developing area of law. In this week’s NLJ, Mary Young, partner, and Charlotte Dormon, associate, in the dispute resolution team at Kingsley Napley, take us through a raft of cases decided this year.
Freezing injunctions, Young and Dormon write, are ‘a well-established part of the asset recovery specialist’s arsenal’ yet the courts have had to clear the frost in a range of areas, including the correct test of a ‘good arguable case’, the duty to provide full and frank disclosure, and what events might trigger the expiration of a freezing order.
As the authors write, ‘the courts are, even after 50 years, regularly asked to clarify the law relating to freezing injunctions. With fraud showing no signs of abating, and fraudsters using increasingly sophisticated methods to obtain and dissipate the proceeds, there is no reason to believe that these legal developments are going to slow down any time soon.’RELATED ARTICLES
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