English worldwide freezing orders in Europe: A pragmatic search for legal certainty and the limits of judicial discretion

Pontian N. Okoli (Lead / Corresponding author)

Research output: Contribution to journalArticlepeer-review

Abstract

A judgment creditor who obtains a freezing order in one EU Member State may seek to enforce it in another Member State. When judgment creditors seek to enforce such orders, the judgment debtors may appeal against the enforcement orders. This article examines how protective measures can be guaranteed pending such enforcement appeals under the Brussels legal regime. Relevant legal provisions and the case law of the Court of Justice are considered. There is also an examination of the recent English response to the Brussels legal regime and an argument that the judgment creditor is entitled to protective measures. Drawing support from public policy and mutual trust considerations, this article concludes that exercising judicial discretion in granting protective measures pending appeals undermines legal certainty.

Original languageEnglish
Pages (from-to)250-274
Number of pages25
JournalEuropean Journal of Comparative Law and Governance
Volume5
Issue number3
DOIs
Publication statusPublished - 16 Sep 2018

Keywords

  • Appeals
  • English enforcement
  • World wide freezing orders

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