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18 July 2013
Issue: 7569 / Categories: Case law , Law digest , In Court
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Practice & procedure

Sukhoruchkin and others v Van Bekestein and others [2013] EWHC 1993 (Ch), [2013] All ER (D) 150 (Jul)

It was settled law that an asset freezing injunction involved imposing a restraint on a defendant dealing with his own assets, whereas a proprietary injunction involved imposing a restraint on the defendant dealing with the claimant’s assets or with assets in which the claimant had an existing proprietary interest. The requirements for a proprietary injunction were not identical to those for a freezing injunction. The principles to be applied were the normal American Cyanamid principles. The reality of any threat to interfere with the property in which the claimant said that it had a proprietary interest had to be relevant to the court’s decision whether to intervene by granting an injunction. It was settled law that a loss claimed by a shareholder which was merely reflective of a loss suffered by the company was not recoverable by the shareholder, save in a case where, by reason of the wrong done to it, the company was unable to pursue its claim against the wrongdoer (the no reflective loss principle).

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MOVERS & SHAKERS

Gateley Legal—Jack Kelly

Gateley Legal—Jack Kelly

Gateley Legal expands Midlands residential development team

Gibson Dunn—Richard Surtees

Gibson Dunn—Richard Surtees

Gibson Dunn adds employee benefits and executive compensation practice in London with partner Richard Surtees

Laytons ETL—Alec Cameron

Laytons ETL—Alec Cameron

Laytons ETL appoints new partner and head of intellectual property disputes

NEWS
A series of recent decisions has clarified important principles across property law, from perpetuities to lease renewals and public rights over land
Employers cannot rely on wellbeing services alone to defend workplace stress claims after a High Court decision awarding almost £1m to an overworked employee
Andy Burnham's brand of 'Manchesterism' could offer fresh thinking on legal aid and access to justice if it reaches Westminster, according to Roger Smith, NLJ columnist and former director of JUSTICE
The constitutional fallout from a change of prime minister, rather than the politics, is under scrutiny as questions arise over the limits of executive authority in a leadership transition
The legal profession is undergoing a fundamental shift from selling services to creating technology-enabled products, according to Professor Luke Mason, Head of School of Law at Regent's University London
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