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Freezing Injunctions And Search Orders Notes

BPTC Law Notes > Commercial Dispute Resolution Notes

This is an extract of our Freezing Injunctions And Search Orders document, which we sell as part of our Commercial Dispute Resolution Notes collection written by the top tier of City Law School students.

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Freezing Injunctions and Search Orders The TestsFreezing injunction o Must be:
? A cause of action justiciable in EW??

Can be granted where proceedings commenced overseas?

Merits test

C must identify a cause of action against D A good arguable case Higher than American Cyanamid (serious issue)

Kerr LJ:?A case which is more than barely capable of serious argument yet not necessarily one which has a better than 50% chance of success D has assets within the jurisdiction?

Equity will not act in vain - needs to be able to be enforced against assets?

Must be solid evidence

Can include money, shares, security, insurance, etc. A real risk that D will dissipate those assets Relevant factors: o Resp is reputable and accustomed to paying debts o Assets in jurisdiction o Domiciled in tax haven?
o Whether evidence supporting cause of action discloses dishonesty o Whether evidence of dishonesty elsewhere o Incidents of debt default o Evidence that steps already taken to remove/dissipate

o Undertakings:
? Damages
? Notify D of any terms of order
? Pay reasonable costs of TPs
? Indemnify TPs in respect of liability for compliance
? In urgent cases:
? Issue of CF
? File affidavitSearch orders o Only against D likely to destroy relevant evidence o Made without notice o Must be:
? Extremely strong prima facie case on the merits??
Freezing Injunctions

Significantly higher than for freezing injunctions Activities must be proved to result in very serious potential/actual harm to C's interests Clear evidence that incriminating documents are in D's possession Real possibility that such items may be destroyed before any application on notice can be made

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