English Worldwide Freezing Orders in Europe

Citation

Okoli PN (2018) English Worldwide Freezing Orders in Europe. European Journal of Comparative Law and Governance, 5 (3), pp. 250-274. https://doi.org/10.1163/22134514-00503003

Abstract
A judgment creditor who obtains a freezing order in one EU Member State may seek to enforce it in another Member State. When judgment creditors seek to enforce such orders, the judgment debtors may appeal against the enforcement orders. This article examines how protective measures can be guaranteed pending such enforcement appeals under the Brussels legal regime. Relevant legal provisions and the case law of the Court of Justice are considered. There is also an examination of the recent English response to the Brussels legal regime and an argument that the judgment creditor is entitled to protective measures. Drawing support from public policy and mutual trust considerations, this article concludes that exercising judicial discretion in granting protective measures pending appeals undermines legal certainty.

Keywords
world wide freezing orders; English enforcement; appeals

Journal
European Journal of Comparative Law and Governance: Volume 5, Issue 3