01.07.2025
As the freezing injunction celebrates its 50th birthday this year, the Court has provided a timely reminder of the pitfalls there are for a Claimant when invoking one of the law’s nuclear weapons. The Claimant in AAA v BBB and others had obtained a worldwide freezing order in support of arbitration proceedings, including against non-parties to the arbitration represented by PCB Byrne. But as occasionally happens, the Claimant had an Achilles heel, which PCB Byrne identified and was able to exploit, namely a failure to comply with the requirements for extending time for service of the Claim Form.
The result was that the Claim Form and the extension of time that had been granted had to be set aside, and the worldwide freezing order had to be discharged.
The PCB Byrne team of Trevor Mascarenhas, Caitlin Ferguson, Chloe Fleming and Olivia Taylor instructed Niranjan Venkatesan KC and Moritz Grimm of One Essex Court.
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