Freezing orders and contribution

If you are sued jointly with another defendant X, and are seeking contribution against X, can you get a freezing injunction against X before you are held liable to the claimant or settle with him? Leggatt J said Yes in Kazakhstan Kagazy Plc v Zhunus & Ors [2016] EWHC 1048 (Comm) (noted in this blog here). The Court of Appeal has, entirely correctly in our view, upheld this view. See Kazakhstan Kagazy Plc v Zhunus & Ors [2016] EWCA Civ 1036, refusing to accept the pettifogging argument that any claim before that time fell foul of the principle in The Vera Cruz [1992] 1 Lloyds Rep 353 and Zucker v Tyndall Holdings [1992] 1 WLR 1127. Much relief for litigants all round.

Leave a Reply