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Marlwood Commercial Inc & ors v Kozeny & ors.

[2007] EWHC 950 (Comm)

Court: High Court
Date of Judgment: 24.04.07
Dominic Dowley QC

A world-wide freezing order was extended where there was good reason to suppose that a defendant had substantive control over assets potentially subject to the freezing order. This was despite the consistent claim of the defendant's mother and the defendant that the assets at issue had at all times either belonged to her or been held on trust for her.

The Court exercised its Chabra jurisdiction in freezing assets held on discretionary trusts in respect of which the defendant had no legal or equitable rights (in the strict trust law sense).

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