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United Kingdom Leading Case committalfreezing injunctions mareva

JSC BTA Bank v Ablyazov (No 14)

[2018] UKSC 19
JurisdictionUnited Kingdom
CourtUK Supreme Court
Year2018
StatusBinding authority

Summary

Contempt for breach of a freezing order requires proof beyond reasonable doubt that the contemnor knew of the order and deliberately breached it.

Key Principle

Contempt of court for breach of a freezing order requires proof to the criminal standard; the contemnor must be shown beyond reasonable doubt to have known of the order and deliberately breached it.

Area of Law

procedure

Related Cases

Getswift Ltd v Webb (2022) 276 CLR 553

High Court of Australia held there is no power to make a common fund order in favour of litigation funders at the interlocutory stage of a class action.

UBS AG v Tyne (2018) 265 CLR 77

Anshun estoppel bars relitigation where it was unreasonable not to raise the issue in earlier proceedings; re-litigation may also constitute abuse of process.

Palmer v Ayres (2017) 259 CLR 478

High Court of Australia held the reflective loss principle (Prudential Assurance rule) does not apply in Australia, permitting shareholders to recover losses independently of the company.

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