Civil dispute regarding the application of interim measures

Our team has defended a client in a civil dispute in the Court of Appeal regarding the application of interim measures and the freezing of the client’s assets. The claimant (bankruptcy administrator) had asked that our client’s assets be frozen due to the fact that the client had allegedly received funds from a bankrupt company without legal grounds.

The court of first instance satisfied the claimant’s request without notifying the client. After the subsequent appeal had been launched the Court of Appeal annulled the decision of the lower court and ruled that there were no legal grounds to apply any interim measures. In addition to other reasons, the Court noted that interim measures can only be applied if the claimant has already submitted a claim or is planning to do so in a near future. Since the claimant had failed to provide evidence of any claim being prepared the interim measures could not be sustained.

 

Experience