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Litigation Letter

International Consistency

State of Brunei Darussalam v Bolkiah (TLR 5 September Ch D)

The court had granted a freezing order under s25 of the Civil Jurisdiction and Judgments Act 1982 against the defendant arising out of proceedings in Brunei. The courts in Brunei had permitted the defendant to spend certain sums on living and legal expenses pursuant to the freezing order made in that country. Accordingly, although those orders were of a kind that it would not ordinarily have made, the English court should generally seek to avoid making orders inconsistent with those of the courts in which the primary litigation was taking place and therefore the English freezing order was varied to correspond with that made in Brunei.

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