Court of Appeal confirms English court lacks jurisdiction to grant Chabra relief against respondents outside the jurisdiction

Jeremy Garson, Maura McIntosh and Tracey Lattimer of HSF Kramer examine the Court of Appeal’s decision in Gilbert v Broadoak Private Finance Ltd, confirming that English courts cannot rely on their general power to grant injunctions to serve freezing order applications on third parties outside the jurisdiction, even where the orders are sought to enforce domestic judgments, while identifying a gap in the service-out rules that permits such relief in support of foreign judgments but not English judgments, and considering alternative routes for creditors, including claims under section 423 of the Insolvency Act 1986.

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