Isabel Dos Santos v Unitel S.A.

Isabel Dos Santos v Unitel S.A.

The correct merits threshold for freezing injunctions is the Niedersachsen test, not the three-limb Brownlie test. Unitel satisfied this threshold based on expert evidence that filing the joinder application fulfilled Article 80(1) of the Angolan Commercial Companies Law. Costs should follow the event, given the contested nature and outcome of the application.

Parties
Appellant: Isabel dos Santos; Respondent: Unitel S.A.
Jurisdiction
England and Wales
Judgment Date
10 March 2024
Procedural Posture
Civil Appeal / Appeal From High Court Judgment Granting Worldwide Freezing Order
Outcome
Appeal dismissed
Legal Topics
Worldwide Freezing Orders, Good Arguable Case Test, Costs of Interim Applications, Foreign Law Interpretation
Civil Procedure Injunctions Conflict of Laws Worldwide Freezing Orders Good Arguable Case Test Costs of Interim Applications Foreign Law Interpretation

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Parties

Isabel dos Santos

Appellant

Unitel S.A.

Respondent

Procedural Posture

Civil Appeal / Appeal From High Court Judgment Granting Worldwide Freezing Order

Legal Issues

  1. 1 What is the correct test for 'good arguable case' in freezing injunction applications?
  2. 2 Did Unitel satisfy the merits threshold for a freezing injunction against Ms dos Santos under Angolan law?
  3. 3 Is there a general rule that costs of a freezing order application should be reserved?

Ratio Decidendi

The correct merits threshold for freezing injunctions is the Niedersachsen test, not the three-limb Brownlie test. Unitel satisfied this threshold based on expert evidence that filing the joinder application fulfilled Article 80(1) of the Angolan Commercial Companies Law. Costs should follow the event, given the contested nature and outcome of the application.

Court Disposition

Appeal dismissed

Orders

  • Worldwide Freezing Order against Ms dos Santos upheld
  • Ms dos Santos to pay Unitel's costs of the freezing order application