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United Kingdom freezing injunctions mareva

Fourie v Le Roux

[2007] UKHL 1
JurisdictionUnited Kingdom
CourtUK House of Lords
Year2007
StatusBinding authority

Summary

A freezing order requires a good arguable case on a cause of action justiciable in England and Wales; jurisdiction to grant such relief is not free-standing.

Key Principle

freezing order jurisdiction; court must be satisfied there is a good arguable case on a cause of action justiciable in E&W

Area of Law

Injunctive Relief and Interim Remedies

Related Cases

Broad Idea International Ltd v Convoy Collateral Ltd [2021] UKPC 24

Privy Council clarified the principles governing Chabra-style freezing injunctions against non-cause-of-action defendants where assets are held by a third party.

JSC BTA Bank v Ablyazov [2015] UKSC 64

Contempt of court for breach of a freezing order requires only knowledge of the order and a deliberate act, not an intention to breach it.

NML Capital Ltd v Argentina [2011] UKSC 31

The UK Supreme Court held that Argentina could not rely on state immunity under the State Immunity Act 1978 where its bond issuance constituted a commercial transaction.

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