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.