Freezing order is not security

Kastner v Jason and others CA TLR 21 December

The claimant invested in the defendant’s business and complained that the investment had been procured by fraud. The parties referred their dispute to the arbitration of the Beth Din and agreed to accept and perform the Beth Din’s award. In the meantime the Beth Din granted the claimant an interim freezing order preventing the defendant from selling his house without the Beth Din’s permission. In breach of the order, the defendant sold his house to Mr and Mrs Sherman and emigrated to the US. The claimant commenced proceedings to enforce the award and obtain an interim charging order over the property. The Shermans were joined in that action and also applied to vacate a caution the claimant had placed on the property.