Worldwide freezing orders: Linsey Macdonald reports on the new guidance
For the first time, guidelines have been given for the granting of permission to enforce worldwide freezing orders (WFO) abroad. The guidelines, laid down by the Court of Appeal in Dadourian Group Int Inc v Simms [2006] EWCA Civ 399 should be welcomed by practitioners, they set out a clear framework, although full compliance may make applications for such permission somewhat more onerous than before.
The aim of a WFO is to prevent the respondent defeating justice by putting assets beyond the reach of a successful litigant. The effect of the WFO is to preserve the status quo, that is, to prevent a respondent removing, disposing or dealing with its assets up to a stated maximum value, for the duration of the period covered...
