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United Kingdom freezing injunctions marevaanti suit injunctions pil

Tugushev v Orlov

[2019] EWHC 2031 (Comm)
JurisdictionUnited Kingdom
CourtHigh Court (Commercial Court)
Year2019
StatusBinding authority

Summary

Court may grant freezing injunction in aid of foreign proceedings under s.25 CJJA 1982 where there is a good arguable case and real risk of dissipation.

Key Principle

The court may grant a freezing injunction in aid of foreign proceedings under s.25 of the Civil Jurisdiction and Judgments Act 1982; the test requires a good arguable case on the merits and a real risk of dissipation.

Area of Law

procedure

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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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