A possible alternative to the freezing injunction.
A judgment has recently provided helpful guidance on a creative form of injunction. The “notification order” compels a defendant to give notice to the claimant before disposing or dealing with its assets. This notification order is less onerous than a freezing injunction, and although it usually accompanies the freezing injunction, in this case, the order was issued as standalone relief. The notification would alert the claimant to apply for a freezing injunction prior to dissipation of any assets.
United Kingdom, Company & Commercial, Insolvency & Restructuring, Litigation, Morgan, Lewis & Bockius LLP, Share (finance), Injunction, Good faith, Prima facie, Coercion
We know this publication is about dispute resolution, but what we really want to talk about in this article is avoiding insolvency and bankruptcy disputes.
“If Only You Had Come to Us Sooner”
Canada, Insolvency & Restructuring, Borden Ladner Gervais LLP, Bankruptcy, Board of directors, Debt, Dispute resolution, Liquidation, Cashflow, Bankruptcy and Insolvency Act 1985 (Canada), Chief financial officer