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Sinking The Siskina? The Privy Council on the jurisprudential nature of freezing orders
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On 4 October 2021, the Privy Council delivered its 85-page judgment in Broad Idea International Ltd v Convoy Collateral Ltd [2021] UKPC 24, which considered the jurisprudential nature of freezing orders. The majority decided that it was necessary and appropriate to depart from the House of Lords’ decision in Siskina v Distos Cia Naviera (The Siskina) [1979] AC 210. They held that freezing orders are explained by the need to facilitate the enforcement of judgments; and that they can be granted even where there is no pending claim before any court and where the applicant’s cause of action is incomplete.
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