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Alliance Finance Limited v Capital Solution Limited et al

Case Number: 
2016 CD 00225
Neutral Citation: 
[2017]JMCC Comm 23
Date of Delivery: 
01.09.2017

MAREVA INJUNCTION - APPLICATION FOR FREEZING ORDER OVER MONIES HELD BY FINANCIAL INSTITUTION ON BEHALF OF CLIENTS - CLIENT ENTERED INTO AGREEMENT TO ASSIGN BENEFICIAL INTEREST IN SUMS HELD BY FINANCIAL INSTITUTION TO SECOND FINANCIAL INSTITUTION TO WHICH CLIENT IS INDEBTED - SECOND FINANCIAL INSTITUTION CLAIMING TO BE BENEFICIALLY ENTITLED TO SUCH SUMS ASSIGNED - FINANCIAL INSTITUTION REFUSING TO PAY - WHETHER SECOND FINANCIAL INSTITUTION HAS AN ARGUABLE CASE IN TRUSTS - PAYMENTS BEING MADE OUT TO OTHER CLIENTS FROM THE FUND - WHETHER SUCH PAYMENTS QUALIFY AS DISSIPATION OF ASSETS FOR THE PURPOSE OF A FREEZING ORDER

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