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Application to stay directions pending appeal, freezing injunctions, consent to the jurisdiction of the court and acknowledgement of service (Gulf International Bank v Aldwood)

Application to stay directions pending appeal, freezing injunctions, consent to the jurisdiction of the court and acknowledgement of service (Gulf International Bank v Aldwood)
Published on: 20 September 2019
Published by: LexisPSL
  • Application to stay directions pending appeal, freezing injunctions, consent to the jurisdiction of the court and acknowledgement of service (Gulf International Bank v Aldwood)
  • What are the practical implications of this case?
  • What was the background?
  • What did the court decide?
  • Case details

Article summary

Dispute Resolution analysis: In an application to stay an order to file a second acknowledgement of service, the court accepted that to require the filing of that acknowledgement of service could incur wasted costs and acceded to the application. In an application to stay an order for discharge of a freezing injunction, the court held that notwithstanding the fact that permission to appeal had been refused on the basis that it did not have a reasonable chance of success, that did not mean that an appeal would necessarily be frivolous and that the balance of injustice will often require the freezing order to be maintained so as to not render any intended appeal nugatory. Written by Sandip Patel QC, partner, at Scarmans Solicitors. or take a trial to read the full analysis.

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