CMOC v Persons Unknown [2017] EWHC 3599 (Comm) (23 October 2017)
The court has jurisdiction to grant a worldwide freezing injunction against persons unknown where the description of defendants is sufficiently certain, the loss occurred within the jurisdiction, and ancillary relief is necessary to trace and preserve assets.
- Citation
- [2017] EWHC 3599 (Comm)
- Parties
- Applicant: CMOC; Respondents: Persons Unknown
- Jurisdiction
- England and Wales
- Judgment Date
- 23 October 2017
- Procedural Posture
- Application for Worldwide Freezing Injunction / Interim Relief Hearing
- Outcome
- Worldwide freezing injunction granted against persons unknown.
- Legal Topics
- Freezing Injunctions, Service Out of Jurisdiction, Persons Unknown as Defendants, Bankers Trust Orders, Alternative Service
Case Brief
Summary, issues, holding and outcome
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Parties
CMOC
Applicant
Persons Unknown
Respondents
Procedural Posture
Application for Worldwide Freezing Injunction / Interim Relief Hearing
Legal Issues
- 1 Whether the court has jurisdiction to grant a freezing injunction against persons unknown
- 2 Whether service out of the jurisdiction is permissible in this context
- 3 Whether alternative service is appropriate
Ratio Decidendi
The court has jurisdiction to grant a worldwide freezing injunction against persons unknown where the description of defendants is sufficiently certain, the loss occurred within the jurisdiction, and ancillary relief is necessary to trace and preserve assets.
Court Disposition
Worldwide freezing injunction granted against persons unknown.
Orders
- Freezing order up to £8 million against persons unknown
- Provision for living and legal expenses until the return date
Full Case Text
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