Ras Al Khaimah Investment Authority & Ors v Bestfort Development LLP & Ors [2017] EWCA Civ 1014

Court of Appeal sets out test for whether defendant has assets for a freezing order application and considers the impact of delay in applying

The judge at first instance refused to grant worldwide freezing orders in favour of the applicants (based in the UAE and Georgia) against the respondents (LLPs registered in England and Wales and owned by a Georgian national) in support of proceedings taking place overseas. Her decision was in part based on A v C [1981] 1 QB 956, which is authority for the proposition that a claimant will only be entitled to a freezing order if the defendant has assets which will be caught by the order; the Court will not make an order which is futile. She was not satisfied that there were substantial assets held by the respondents anywhere in the world. She also held that there had been considerable delay in bringing the application, and therefore the defendant would have had ample opportunity to dissipate assets during that time had he been