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Legal Briefing
Becoming "judgment proof"? Worldwide freezing orders against third parties
Practice Area: Arbitration
Sector: Business services
Jurisdiction: England & Wales
Published: 09 February 2012
Law Firm: Allen & Overy
Overview
A Commercial Court decision by Gloster J throws some doubt on the recent Court of Appeal decision in Linsen International Ltd & ors v Humpuss Sea Transport plc Ltd & ors concerning the granting of worldwide freezing orders against foreign third parties with no assets in England.
In Parbulk II AS v PT Humpuss Intermoda, Gloster J refused a WFO against a Singapore company, related to a judgment debtor, even though there was clear evidence that, via intra-group loans, assets had been transferred to that Singapore company in order to make the judgment debtor "judgment proof".
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