Freezing orders: High Court confirms ancillary disclosure jurisdiction for freezing orders supporting foreign proceedings
May 01, 2025
Freezing orders: High Court confirms ancillary disclosure jurisdiction for freezing orders supporting foreign proceedingsMay 01, 2025 Key Takeaways
To succeed on an application for fortification, a respondent will have to provide credible evidence of losses which would be caused by the grant of the FO. The issue of the sufficiency of an applicant’s assets is something which applicants should address up front in their initial application. Facts of the Case On 12 August 2024, the claimant (“C”) obtained an ex parte FO against the defendant (“D”) in respect of D’s assets in England and Wales up to £11 million, alongside a worldwide ADO requiring disclosure of D’s global assets. The FO was granted under section 25 CJJA to support Greek matrimonial proceedings. On 9 September 2024, the Court varied the ADO to address D’s concerns about misuse of disclosed information in the Greek proceedings. The Court ordered disclosure into a temporary confidentiality club, initially excluding C’s legal team, pending a further hearing. At the instant hearing, D argued the ADO should be limited to domestic assets, claimed the Court lacked jurisdiction to order disclosure in aid of foreign proceedings, and sought to maintain the confidentiality restrictions. D also requested fortification from C, citing financial losses from the FO restricting his access to interest-bearing accounts. The Decision
[1] Green v CT Group Holdings Limited [2024] 2 All ER (Comm) 342 where Mr Charles Hollander KC (sitting as a Deputy High Court Judge) held that Norwich Pharmacal relief is not available to obtain evidence for the purpose of using it in foreign civil proceedings. Latest Insights
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