CMOC v Persons Unknown

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 the orders are necessary to preserve assets and obtain information to identify the perpetrators of the alleged fraud.

Parties: Applicant: CMOC; Respondents: Persons Unknown
Jurisdiction: England and Wales
Judgment Date: 23 October 2017
Procedural Posture: Commercial Fraud / Application for Worldwide Freezing Injunction
Outcome: Worldwide freezing injunction granted against persons unknown; ancillary orders for information against banks granted.
Legal Topics: Freezing Injunctions, Service Out of Jurisdiction, Persons Unknown as Defendants, Bankers Trust Orders

Civil Procedure Fraud Banking Law Freezing Injunctions Service Out of Jurisdiction Persons Unknown as Defendants Bankers Trust Orders

Case Brief

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Parties

CMOC

Applicant

Persons Unknown

Respondents

Procedural Posture

Commercial Fraud / Application for Worldwide Freezing Injunction

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
3 Whether alternative service is justified

Ratio Decidendi

Court Disposition

Worldwide freezing injunction granted against persons unknown; ancillary orders for information against banks granted.

Orders

Freezing injunction up to £8 million plus £1.7 million for costs against persons unknown
Provision for living and legal expenses until return date