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This chapter critically analyses the origins of the modern freezing injunction. The analysis is not limited to the landmark cases in 1975, Karageorgis and Mareva, covered in detail in this chapter. It argues that an important part of the historical foundations of freezing injunctions is the original exception to the general rule: the proprietary freezing injunction. Understanding the nature of the proprietary freezing injunction is crucial in order to assess the legitimacy of extending the scope of the exception to non-proprietary claims in 1975. The chapter recognises that there is now an important new category of freezing injunction, the so-called Chabra injunction against third parties. A detailed analysis of the scope of Chabra injunctions reveals serious concerns about a level playing field in litigation.
The extent of available pre-judgment asset preservation relief is widely regarded as a unique characteristic of English law and one of the key factors attracting international commercial litigation to the English courts. By taking a novel view of the theoretical foundations of a freezing injunction, this book challenges the long-established view that such an injunction is an in personam form of relief whose sole purpose is to prevent unscrupulous defendants from making themselves judgment-proof. Dr Šaranović combines historical and comparative perspectives to identify several theoretical flaws in the court's jurisdiction to grant this popular form of interim relief. The book demonstrates that the current application of private international law rules in this field leads to inequality among litigants and illegitimate encroachment upon the sovereignty of foreign states. It proposes a range of possible solutions to alleviate concerns about the scope of freezing injunctions both in the domestic and international arena.
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