Limits On The Ability To Grant Ancillary Relief

Banco Nacional de Comercio Exterior SNC v Empresa de

Telecommunicationes de Cuba SA (English Court of Appeal,

July 2007) provides an important illustration of the limits on

the ability of the English court to grant freezing orders in

aid of litigation in other countries. The judgment debtor was a

Cuban telecoms company with receivables in England and

elsewhere. An Italian judgment was registered in England

pursuant to the Council Regulation on jurisdiction and the

recognition and enforcement of judgments in civil and

commercial matters ("the Brussels Regulation") and a

domestic freezing order was made. That freezing order was

sought to preserve sums due or to become due to the respondent

from several UK mobile telephone companies whose customers

connected to the respondent's network.

Subsequently, a worldwide freezing order was also granted.

The respondent challenged the continuation of the...