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NLJ this week: Tests for freezing orders, the courts’ preference and a lack of clarity

08 March 2024
Issue: 8062 / Categories: Legal News , Freezing orders , Fraud , Commercial
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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.

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NLJ career profile: Liz McGrath KC

NLJ career profile: Liz McGrath KC

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Gateley Legal—Sam Meiklejohn

Partner appointment in firm’s equity capital markets team

NEWS

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Could the Labour government usher in a new era for digital assets, ask Keith Oliver, head of international, and Amalia Neenan FitzGerald, associate, Peters & Peters, in this week’s NLJ

An extra bit is being added to case citations to show the pecking order of the judges concerned. Former district judge Stephen Gold has the details, in his ‘Civil way’ column in this week’s NLJ

The Labour government’s position on alternative dispute resolution (ADR) is not yet clear

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