21 March 2014
Novoship (UK) Ltd and other companies v Mikhaylyuk [2014] All ER (D) 118 (Mar), [2014] EWCA Civ 252
The judge refused to vary a freezing order against the defendant so as to permit him to repay a loan made by his daughter, E, and granted the claimant companies a final third party debt order with respect to the defendant’s accounts. The defendant appealed. The Court of Appeal, in allowing the appeal, held that a proper exercise of the judicial discretion, to achieve an equitable outcome, required any third party debt order in the claimants’ favour to be subject to a proviso, which required repayment of the debt owed to E prior to the order becoming final.
