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Contact with chambers should be made through the Practice Management Team. They are happy to discuss client requirements and provide further information on such matters as the expertise and experience of individual members, fees, working practices and languages spoken. We have members able to work in French, German, Italian, Spanish, Dutch, Swedish, Greek and Chinese (Mandarin).

Outside working hours, a member of our team is always available to be contacted on matters of an urgent nature. Contact should be made using the Chambers main number or email.

To contact our Singapore office, please contact our BD Director, Asia, Rachel Foxton. Out of office hours calls will automatically be diverted to our clerking team in London.

London

20 Essex Street
London
WC2R 3AL

enquiries@twentyessex.com
t: +44 20 7842 1200
DX 0009 Lond/Chan Lane

Singapore

28 Maxwell Road
#02-03
Maxwell Chambers Suites
Singapore 069120

singapore@twentyessex.com
t: +65 62257230

Contact

Contact with chambers should be made through the Practice Management Team. They are happy to discuss client requirements and provide further information on such matters as the expertise and experience of individual members, fees, working practices and languages spoken. We have members able to work in French, German, Italian, Spanish, Dutch, Swedish, Greek and Chinese (Mandarin).

Outside working hours, a member of our team is always available to be contacted on matters of an urgent nature. Contact should be made using the Chambers main number or email.

To contact our Singapore office, please contact our BD Director, Asia, Rachel Foxton. Out of office hours calls will automatically be diverted to our clerking team in London.

London

20 Essex Street
London
WC2R 3AL

enquiries@twentyessex.com
t: +44 20 7842 1200
DX 0009 Lond/Chan Lane

Singapore

28 Maxwell Road
#02-03
Maxwell Chambers Suites
Singapore 069120

singapore@twentyessex.com
t: +65 62257230

14/05/2014

Lakatamia Shipping v Nobu Su & Ors [2014] EWCA Civ 636

This is an archived article, and some links may not work. Contact us if you have any questions.

Resolving an important issue for businesses and individuals using holding companies, investment vehicles and other corporate structures, the Court of Appeal has clarified the scope of the assets caught by the standard form Commercial Court freezing injunction wording in favour of the defendant, Mr Nobu Su.   

In short, the assets of a wholly owned and controlled subsidiary of a freezing injunction defendant are not themselves frozen and the subsidiary is not directly caught by the injunction.   As Rimer LJ made clear, the contrary view of “control” is heretical being contrary to the principles of company law and identity confirmed by recent decisions of the Court of Appeal and Supreme Court in Prest v Prest ([2013] 2 WLR 537 and [2013] 2 AC 415).

The Court of Appeal has thus ended the confusion arising from the opposing judgments (given on the same day) by Burton J in this case ([2013] EWHC 1814 (Comm)) and by Hildyard J in Group Seven v Allied Investment Corp. [2014] 1 WLR 735

Josephine Davies appeared for the Defendants/Appellants (instructed by Cooke Young & Keidan LLP).

 


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