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Blue Holdings (1) Pte Ltd, Blue Holdings (2) Ltd v United States of America

9th Oct 2014

The Court of Appeal allowed an appeal by the Appellants, Blue Holdings (1) Pte Ltd and Blue Holdings (2) Ltd, from an order of Field J which had continued an interim freezing injunction granted to the Respondents, the United States of America.

The Court held that it had not been expedient to grant the injunction under s. 25 Civil Jurisdiction and Judgments Act 1982, in circumstances in which any judgment in the proceedings begun by the Respondents in the USA would not be enforceable in England because they were proceedings in rem relating to property situated outside the USA, and in any event were penal in character; and where the Proceeds of Crime Act 2002 and the Proceeds of Crime Act 2002 (External Requests and Orders) Order 2005 provided a comprehensive regime for the application by English enforcement authorities for prohibition and recovery orders to give effect to external requests by foreign authorities to secure the recovery of assets located in the UK. The freezing injunction was accordingly set aside. Christopher Butcher QC appeared for the Appellants.

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