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ARTICLE · 29 APRIL 2019

Requirements For Obtaining A Chabra Injunction

Soteris Pittas & Co L.L.C
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In the case of Re Nicolaou Bros Tourist Enterprises Ltd (1999) 1 AAD 201, the Supreme Court of Cyprus, by adopting English legal principles ...

CyprusLitigation, Mediation & Arbitration

In the case of Re Nicolaou Bros Tourist Enterprises Ltd (1999) 1 AAD 201, the Supreme Court of Cyprus, by adopting English legal principles, recognized inter alia the jurisdiction of Cyprus Courts to grant Chabra type injunctions.

In essence, a Chabra injunction is a freezing order against a third party which is not a party to the substantive proceedings at hand, and against whom the claimant has no available cause of action. (TSB Private Bank International SA v Chabra [1992] 1 WLR 231)

Such an injunction is not addressed against the third party, but against the principal defendant in the proceedings, and encompasses any assets held by the third party in its capacity as nominee or trustee of the principal defendant. Thus, a grant of a Chabra injunction will block the third party from dissipating or parting with the assets, and thus ensuring their preservation.

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