Subject: Civil procedure
Other related subjects: Banking and finance
Keywords: Breach; Declaratory orders; Freezing injunctions; Pledges
Summary: A defendant who had breached the terms of a freezing injunction by causing his companies to make pledges to Russian banks was ordered to use his best endeavours to intervene in any enforcement proceedings on the pledges to ensure that the Russian court was informed that the pledges had been made in breach of the injunction.
The Court has a wide discretion as to whether to permit, whether prospectively or retrospectively, a transaction that would otherwise be in breach of the strict terms of a freezing order but not of its underlying purpose
Duncan Matthews QC acted for the Respondent (instructed by Addleshaw Goddard LLP)