Kensington International Ltd. v Republic of the Congo [2003] EWCA Civ 709 (13 May 2003)

Kensington International Ltd. v Republic of the Congo [2003] EWCA Civ 709 (13 May 2003)

The Court of Appeal held that Morison J was entitled to require notice to be given to the Congo and related entities before considering the freezing injunction, as there was insufficient credible evidence of imminent dissipation of assets and the interests of justice required that the affected parties have an opportunity to be heard. The appellant failed to show that the judge's decision was wrong or involved a misdirection.

Citation
[2003] EWCA Civ 709
Parties
Claimant/appellant: Kensington International Limited; Defendant/respondent: Republic of the Congo
Jurisdiction
England and Wales
Judgment Date
13 May 2003
Procedural Posture
Civil Appeal / Appeal From High Court (commercial Court) to Court of Appeal
Outcome
Appeal dismissed
Legal Topics
Freezing Injunctions (mareva Orders), Sovereign Immunity, Enforcement of Foreign Judgments, Assignment of Debt
Civil Procedure Commercial Law International Law Freezing Injunctions (mareva Orders) Sovereign Immunity Enforcement of Foreign Judgments Assignment of Debt

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Parties

Kensington International Limited

Claimant/appellant

Republic of the Congo

Defendant/respondent

Procedural Posture

Civil Appeal / Appeal From High Court (commercial Court) to Court of Appeal

Legal Issues

  1. 1 Whether the court should grant a freezing injunction (Mareva order) against the Republic of the Congo and related entities without notice
  2. 2 Whether assets of SNPC, SNPC UK, and Olearius Ltd can be treated as assets of the Congo for enforcement purposes
  3. 3 Whether the risk of dissipation of assets justified ex parte relief

Ratio Decidendi

The Court of Appeal held that Morison J was entitled to require notice to be given to the Congo and related entities before considering the freezing injunction, as there was insufficient credible evidence of imminent dissipation of assets and the interests of justice required that the affected parties have an opportunity to be heard. The appellant failed to show that the judge's decision was wrong or involved a misdirection.

Court Disposition

Appeal dismissed

Orders

  • Application for freezing injunction to be heard on notice; no ex parte relief granted