September 30, 2024
The Court of Appeal has handed down judgment in Dos Santos v Unitel SA [2024] EWCA Civ 1109, ruling that the ‘good arguable case’ test applied in freezing injunctions should be equated with the ‘serious issue to be tried’ test applied in American Cyanamid injunctions. The decision represents a radical shift in the law, as for at least 25 years, judges and commentators have considered that the ‘good arguable case’ test imposes a higher threshold than that of ‘serious issue to be tried’.
Guy Olliff-Cooper acted for the Appellant, led by Daniel Margolin KC of JHA. Richard Hill KC appeared at first instance.
Read the judgment.
