The Royal Bank of Scotland Plc v FAL Oil Company Ltd& Ors

The Royal Bank of Scotland Plc v FAL Oil Company Ltd& Ors

It is not inexpedient to grant worldwide freezing and disclosure orders in support of the Sharjah proceedings because the defendants have sufficient connection to England through contractual arrangements, governing law, jurisdiction clauses, and operational presence, and the orders will aid the foreign proceedings without risk of conflict or futility.

Parties
Claimant: The Royal Bank Of Scotland PLC; Defendant: FAL Oil Company Limited; Defendant: FAL Shipping Company Limited; Defendant: Gulf Success International Shipping Inc; Defendant: Sea Victory International Shipping Inc
Jurisdiction
England and Wales
Judgment Date
20 November 2012
Procedural Posture
Commercial Court Application for Interim Relief in Support of Foreign Proceedings / Ruling on Applications for Continuation of Freezing and Disclosure Orders, Discharge and Strikeout
Outcome
Worldwide freezing and disclosure orders continued; applications to discharge and strike out dismissed.
Legal Topics
Freezing Injunctions, Interim Relief in Support of Foreign Proceedings, Jurisdiction, Asset Disclosure, Enforcement of Foreign Judgments
Civil Procedure Banking and Finance International Commercial Law Freezing Injunctions Interim Relief in Support of Foreign Proceedings Jurisdiction Asset Disclosure Enforcement of Foreign Judgments

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 5 Authorities cited 9 Party arguments 2 Amounts and remedies 2
Sign in to unlock

Parties

The Royal Bank Of Scotland PLC

Claimant

FAL Oil Company Limited

Defendant

FAL Shipping Company Limited

Defendant

Gulf Success International Shipping Inc

Defendant

Sea Victory International Shipping Inc

Defendant

Procedural Posture

Commercial Court Application for Interim Relief in Support of Foreign Proceedings / Ruling on Applications for Continuation of Freezing and Disclosure Orders, Discharge and Strikeout

Legal Issues

  1. 1 Whether it is expedient to grant worldwide freezing and disclosure orders in support of foreign proceedings under section 25 of the Civil Jurisdiction and Judgments Act 1982
  2. 2 Whether the English court has sufficient connection to the defendants to justify such orders
  3. 3 Whether the orders would be enforceable or futile given the defendants' lack of assets and presence in England

Ratio Decidendi

It is not inexpedient to grant worldwide freezing and disclosure orders in support of the Sharjah proceedings because the defendants have sufficient connection to England through contractual arrangements, governing law, jurisdiction clauses, and operational presence, and the orders will aid the foreign proceedings without risk of conflict or futility.

Court Disposition

Worldwide freezing and disclosure orders continued; applications to discharge and strike out dismissed.

Orders

  • Continuation of worldwide freezing injunction against the defendants in the increased sum of US $12.5 million
  • Continuation of worldwide disclosure order requiring the defendants to provide information as to the nature and location of their assets worldwide