Limits On The Ability To Grant Ancillary Relief

Banco Nacional de Comercio Exterior SNC v Empresa de Telecommunicationes de Cuba SA (English Court of Appeal, July 2007) provides an important illustration of the limits on the ability of the English court to grant freezing orders in aid of litigation in other countries. The judgment debtor was a Cuban telecoms company with receivables in England and elsewhere. An Italian judgment was registered in England pursuant to the Council Regulation on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters ("the Brussels Regulation") and a domestic freezing order was made. That freezing order was sought to preserve sums due or to become due to the respondent from several UK mobile telephone companies whose customers connected to the respondent's network.