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ARTICLE · 30 APRIL 2015

Injunctive Relief Against Third Parties: The Chabra Jurisdiction

The application was brought without notice on the basis that if notice were given there would be a real risk of dissipation of the assets.

Isle of ManLitigation, Mediation & Arbitration

In the recent Isle of Man case of Cruz City v Unitech Limited & Otrs (CHP 2013/66), the principal question for His Honour Deemster Doyle (the Island's Chief Justice) was whether the Chabra jurisdiction - granting an asset freezing injunction against a third party i.e. a person other than a defendant against whom a claimant has a substantive cause of action - exists in Manx law and if so, whether the Court had the jurisdiction to apply it.To put it simply, it does! The Court found that it had such jurisdiction and that the relief sought by the claimant would be an appropriate development of the common law on the Island, and therefore granted the freezing injunction and disclosure order against a third party.

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