The Law Reports (Chancery Division)
[2018] Ch 297
Court of Appeal
Holyoake and another
v
Candy and others
[2016] EWHC 970 (Ch)
[2017] EWCA Civ 92
2016 April 7,
8;
29
Nugee J
2016 Oct 5,
6;
2017 Feb 28
2017 Feb 28
Gloster, Jackson LJJ
Injunction— Interim— Jurisdiction to grant— Claimants asserting risk of dissipation of assets— Application for freestanding injunction restraining defendants from dealing with assets without first giving notification— Whether court having jurisdiction to grant injunction— Principles applicable to exercise of jurisdiction— Strength of case required to be shown— Whether lesser risk of dissipation of assets required than for conventional freezing order— Relevance of intrusiveness in determining appropriate relief—
Senior Courts Act 1981 (c 54), s 37
Injunction— Notification order— Undertaking as to damages— Whether insurance policy capable of amounting to adequate fortification of undertaking as to damages— Whether real risk of insurer avoiding policy in event of insured losing action and being found dishonest
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