The treatment of legal and equitable interests in WFOs and injunctions in other jurisdictions (Segulah Medical Acceleration AB v Tripathi)
Dispute Resolution analysis: The High Court was seized with cross-applications in the context where a worldwide freezing order (WFO) and proprietary injunctions had been granted at a without notice hearing and continued thereafter. The court considered whether to discharge a WFO and proprietary injunctions that had been obtained based on an applicant’s undertaking not to enforce in any other jurisdiction other than England and Wales. The court also had to consider whether a sole shareholder in a company who had the power to control that company, owned that company’s assets in equity, such that the company’s assets could be said to be his assets. This required a consideration of the so-called Extended Definition of assets under an (otherwise) standard form WFO and competing authorities as the correct approach. Written by Lauren Godfrey, barrister at Gatehouse Chambers.