Freezing orders; the difficulties introduced by the decision in Prest v Petrodel Resources Limited
DOI:
https://doi.org/10.14296/ac.v2014i98.2280Keywords:
Company law, commercial law, asset freezing, insolvencyAbstract
Simon Ducan, of Moon Beever Solicitors, looks at the way the judgment in Prest v Petrodel Resources Limited [2013] UKSC 34 has received much scrutiny and made reliance on standard form freezing order precedents problematic where the defendant controls various companies that hold the assets that the claimant seeks to freeze. The author suggests that it has served as a reminder that the court will respect and preserve the corporate veil except in very limited circumstances now narrowly defined in the “evasion” principle.Downloads
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