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freezing injunctionproprietary claiminterim injunction
Phoenix Group Foundation v Cochrane
[2017] EWHC 418 (Comm)
Key Principle
Where a freezing/proprietary injunction affects funds (here legal fees) held in a third party's (a law firm's) client account, the court weighs the prejudice to the claimant's potential proprietary claim against the inconvenience to a well-resourced defendant, and may maintain the freeze where loss of the use of money is readily quantifiable and adequately secured by the cross-undertaking in damages.
Area of Law
General
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