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Freezing the status quo: a critical analysis of 2024’s watershed moments in freezing injunction jurisprudence
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Key Points
- The court restores clarity to the “good arguable case” test, firmly returning to the Niedersachsen standard.
- Post-Brexit territorial limitations remain robust, with important implications for cross-jurisdictional strategy within the UK.
- A pragmatic approach to disclosure emerges: focus on material omissions that genuinely affect outcomes.
- Freezing injunctions are distinctly reconceptualised as enforcement-facilitation tools rather than rights-preservation mechanisms.
- There is now a sophisticated framework for establishing dissipation risk through connected patterns of conduct across different contexts.
- English courts reaffirm their evaluative independence when considering foreign court determinations.
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