Charles Samek QC successfully overturns Worldwide Freezing Order

6 February 2012

Charles Samek QC has successfully overturned a Worldwide freezing order against a Thai furniture manufacturing company in a dispute with its former commercial agents (Rossetti Marketing Ltd v Diamond Sofa Co).

He argued that there was insufficient evidence of a real risk of dissipation of assets and that the Worldwide freezing order should be discharged.

Mrs Justice Slade in the Queen's Bench Division accepted his submissions and also ordered an inquiry into damages pursuant to the claimant's cross-undertaking.

Charles has virtually unrivalled expertise in relation to freezing injunctions: e.g. the Dadourian litigation and a leading case on s.25 CJJA 1982 Belletti v Morici.

Earlier in the litigation, Charles (leading David Uff from Manchester) successfully obtained permission to appeal from Lord Justice Rix against a judgment of Mr Justice Cranston on preliminary issues (in relation to which Charles had not been involved).

The hearing in the Court of Appeal which will deal inter alia with the vexed and topical issue as to whether an agent's fiduciary duties are or are not always mouled by any relevant contractual obligations will take place before the end of April.