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.
Freezing orders and contribution
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Professor Andrew Tettenborn
Professor Andrew Tettenborn joined Swansea Law School and the Institute of International Shipping and Trade Law in 2010 having previously taught at the universities of Exeter (Bracton Professor of Law 1996-2010), Nottingham and Cambridge. Professor Tettenborn is a well-known scholar both in common law and continental jurisdictions. He has held visiting positions at Melbourne University, the University of Connecticut and at Case Law School, Cheveland, Ohio. He is author and co-author of books on torts, damages and maritime law, and of numerous articles and chapters on aspects of common law, commercial law and restitution. View all posts by Professor Andrew Tettenborn