Without notice orders under the Chabra jurisdiction and the gateways for permission to serve out of the jurisdiction (Gilbert v Broadoak)
Dispute Resolution analysis: This case concerns a worldwide freezing order (WFO) which had been obtained on a without notice basis as against two overseas third parties under the Chabra jurisdiction. At the return hearing, the freezing order was discharged by the High Court, on the basis that the court lacked personal jurisdiction over the respondents. The judge held that none of the jurisdictional gateways within CPR PD 6B, para 3.1 applied. As such, and even though there was evidence to the effect that there was a risk of dissipation of funds, the lack of jurisdiction was decisive and led to the discharge of the WFO. The court also considered that there were breaches of the duty of fair presentation at the without notice hearing, but that these were not sufficient in themselves to justify discharging and not continuing (or reimposing) the order. Written by Georgia Whiting, legal counsel (contentious construction), Capita.