The scope of Chabra freezing injunctions against third parties: a time for a more cautious approach?

Abstract

There has been a noticeable rise in the frequency of the so called Chabra injunction cases in the English courts where claimants are seeking to restrain third parties, against whom there is no cause of action, from dealing with their assets. By taking lessons from the historical and theoretical foundations of this unusual form of relief, this article will examine potential concerns about the evidential thresholds that a claimant is required to cross. Instead of limiting the analysis to domestic Chabra injunction cases with no foreign element, the article will also deal with the complex and controversial issues of jurisdiction arising as a matter of English private international law in cross-border commercial litigation and arbitration. The article will make some reform proposals in accordance with two broad objectives: creating a more equitable distribution of freedom between claimants and third parties, and ensuring that the English courts respect the territorial jurisdiction of the foreign courts

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ORCID for Filip Saranovic: orcid.org/0000-0002-7651-3836

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