Ship arrest abroad not in breach of undertaking in worldwide freezing order

The Commercial Court decision in the case E v M [2013] EWHC 895 (Comm) is of practical importance because there appears to be no previous authority on one of the principal points considered, namely whether a claimant who has obtained a worldwide freezing order (WFO) from the English Court will be in breach of the standard undertaking in the WFO (not to seek a similar order abroad without the court’s permission) if it subsequently arrests a vessel belonging to the defendant in another jurisdiction in order to obtain security for its claim.

Mr Justice Hamblen held that the arrest did not constitute a breach of the claimant’s undertaking in the WFO and refused to discharge the WFO…

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