The Law Reports (Chancery Division)
[2015] Ch 309
Court of Appeal
Abbey Forwarding Ltd (in liquidation) and another v Hone and others (No 3)
[2014] EWCA Civ 711
2014 Feb 18,
19,
20;
May 23
Arden, McCombe, Vos LJJ
Injunction— Freezing order— Undertaking as to damages— Company liquidator alleging defendants dishonestly or negligently breaching duties owed to company and obtaining freezing orders against them— Orders including standard cross-undertaking to compensate for losses caused by orders— Judge dismissing claims and discharging freezing orders— Inquiry as to damages caused by freezing orders— Judge dismissing most claims for business opportunities losses and awarding general damages— Approach for assessing whether losses arising from inappropriately obtained freezing order recoverable— Whether contractual principles as to remoteness and foreseeability applying— Whether general damages awardable