On 14 October 2015, the Court of Appeal overturned a decision that two payments had been made in breach of a freezing order. The order prohibited the respondent to the freezing injunction application from dealing with or disposing of any of its assets other than in the ordinary and proper course of business. The Court […]

In JSC BTA Bank v Mukhtar Ablyazov [2015] UKSC 64 the Supreme Court considered whether the proceeds of a loan agreement constituted “assets” as defined in the Commercial Court form of freezing order. JSC BTA Bank appealed against an earlier Court of Appeal decision that the respondent’s contractual rights to draw down under certain loan […]