The test for showing that a respondent to an application for a freezing injunction has assets caught by the order has been “somewhat less than certain”. It has now been clarified by the Court of Appeal, in Ras Al Khaimah Investment Authority v Bestfort Development LLP. I want to look at three practical tips on handling this issue, drawn from the appeal and first instance judgments: the aim being to obtain and maintain a nuclear weapon, and to avoid the nuclear winter a failed application or set-aside order can create. Continue reading
