United States of America (USA) v Abacha & Ors [2014] EWHC 993 (Comm) (08 April 2014)

United States of America (USA) v Abacha & Ors [2014] EWHC 993 (Comm) (08 April 2014)

The US forfeiture proceedings are civil for the purposes of s.25 of the 1982 Act. It is expedient to continue the Freezing Injunction to assist the US proceedings, despite the prior Nigerian settlement and the fact that a US judgment would not be directly enforceable at common law. The application is not for enforcement but to preserve assets pending lawful enforcement under the 2005 Order. There was no material non-disclosure by the Claimant.

Citation
[2014] EWHC 993 (Comm)
Parties
Claimant: United States of America; Defendant: Mohammed Sani Abacha; Defendant: Abubakar Atiku Bagudu; Defendant: Mecosta Securities, Inc; Defendant: Ridley Group Limited; Defendant: Blue Holding (1) Pte Limited; Defendant: Blue Holding (2) Pte Limited; Defendant: Standard Bank plc; Defendant: HSBC Bank plc; Defendant: HSBC Life (Europe) Limited; Defendant: Waverton Investment Management Ltd; Defendant: James Hambro & Partners LLP
Jurisdiction
England and Wales
Judgment Date
08 April 2014
Procedural Posture
Application to Continue Freezing Injunction Under S.25 Civil Jurisdiction and Judgments Act 1982 / Interlocutory Application for Continuation of Interim Relief
Outcome
Freezing Injunction continued
Legal Topics
Freezing Injunctions, Enforcement of Foreign Judgments, Mutual Legal Assistance, Money Laundering, Corruption, Jurisdiction
Civil Procedure International Law Asset Recovery Freezing Injunctions Enforcement of Foreign Judgments Mutual Legal Assistance Money Laundering Corruption +1 more

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 3 Authorities cited 11 Party arguments 2 Amounts and remedies 4
Sign in to unlock

Parties

United States of America

Claimant

Mohammed Sani Abacha

Defendant

Abubakar Atiku Bagudu

Defendant

Mecosta Securities, Inc

Defendant

Ridley Group Limited

Defendant

Blue Holding (1) Pte Limited

Defendant

Blue Holding (2) Pte Limited

Defendant

Standard Bank plc

Defendant

HSBC Bank plc

Defendant

HSBC Life (Europe) Limited

Defendant

Waverton Investment Management Ltd

Defendant

James Hambro & Partners LLP

Defendant

Procedural Posture

Application to Continue Freezing Injunction Under S.25 Civil Jurisdiction and Judgments Act 1982 / Interlocutory Application for Continuation of Interim Relief

Legal Issues

  1. 1 Whether the US forfeiture proceedings are civil for the purposes of s.25 of the 1982 Act
  2. 2 Whether it is expedient to continue the Freezing Injunction in aid of US proceedings
  3. 3 Whether the prior settlement between the Federal Republic of Nigeria and D2 precludes continuation of the injunction

Ratio Decidendi

The US forfeiture proceedings are civil for the purposes of s.25 of the 1982 Act. It is expedient to continue the Freezing Injunction to assist the US proceedings, despite the prior Nigerian settlement and the fact that a US judgment would not be directly enforceable at common law. The application is not for enforcement but to preserve assets pending lawful enforcement under the 2005 Order. There was no material non-disclosure by the Claimant.

Court Disposition

Freezing Injunction continued

Orders

  • The Freezing Injunction granted by Teare J on 25 February 2014 is continued.
  • Consequential matters (cross-undertaking in damages, amendments to the order, and disclosure) to be addressed in further submissions.