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Freezing point

Windrush is a useful reminder of the importance of taking care when drafting freezing orders and consenting to continuation, writes Gita Chakravarty

14 February 2017

As the mercury continues to fall, it’s a good time to review recent developments in freezing injunctions. Andrew Baker QC set about defrosting an unusual freezing injunction in Windrush Intercontinental SA v Bitumen Invest A/S [2016] EWHC 2077 (Comm), which gave rise to a number of interesting practical points, including problems arising out of consenting to the continuation of a freezing order and principles of construction.

The background to the freezing order was a credit agreement for the purchase of a ship. In January 2014 the ship was lost at sea, at which time a significant amount was owed to the claimant under the credit agreement.

One of the main disputes between the parties was whether the claimant had any interest in the significant insurance proceeds paid to the defendant. The parties referred the dispute to arbitration and the tribunal held that the claima...

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