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08 March 2024
Issue: 8062 / Categories: Legal News , Freezing orders , Fraud , Commercial
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NLJ this week: Tests for freezing orders, the courts’ preference and a lack of clarity

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Freezing orders in fraud cases, The Niedersachsen threshold and the jurisdiction test come under scrutiny in this week’s NLJ

Alan Sheeley, partner, and Sara Esfandyari, associate, Pinsent Masons, explain how more clarity in this area of the law could help practitioners and fraud victims.

A fraud victim seeking a freezing order in order to reclaim their losses must first satisfy a court that they have a ‘good arguable case’. There are two tests for this— The Niedersachsen threshold and the jurisdiction test—but which do the courts prefer? Unfortunately, the law is not clear.

The authors cite two recent cases suggesting ‘that the English courts favour a pro-applicant approach, with the less demanding “good arguable case” test in The Niedersachsen seemingly the Commercial Court’s preferred approach in freezing order applications’. Sheeley and Esfandyari caution, however, that ‘the story doesn’t end here’ and that, until the Court of Appeal clarifies the position, practitioners should pay heed to both tests.

MOVERS & SHAKERS

Hogan Lovells—Lisa Quelch

Hogan Lovells—Lisa Quelch

Partner hire strengthens global infrastructure and energy financing practice

Sherrards—Jan Kunstyr

Sherrards—Jan Kunstyr

Legal director bolsters international expertise in dispute resolution team

Muckle LLP—Stacey Brown

Muckle LLP—Stacey Brown

Corporate governance and company law specialist joins the team

NEWS

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HERBERT SMITH STAFF PENSION SCHEME (THE “SCHEME”)

NOTICE TO CREDITORS AND BENEFICIARIES UNDER SECTION 27 OF THE TRUSTEE ACT 1925
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