In this episode of our Take 10 podcast, Asia Managing Partner Ian Mann and Partner Peter Ferrer discuss the case of Les Ambassadeurs Club Ltd v Yu.
Les Ambassadeurs Club Ltd vs Yu is an English court of appeal case involving the test for a freezing injunction.
This is the second case Les Ambassadeurs Club has had to file against a customer.
The case concerned what is meant by “real risk of dissipation of assets”. The decision made it clear that it was not helpful to apply any gloss to the test and that a probability test ought not to be applied.
Every element within the test needs to be analysed thoroughly to ensure that relief is handed out where appropriate and that it is not overly used.