The Court of Appeal has clarified the requirements to be satisfied before obtaining a freezing injunction, affirming an attainable merits threshold is to be preferred over a more stringent alternative. Any perceived tilt in...more
Q: I was appointed state court receiver over a corporation. There are a number of pending lawsuits against the corporation. At the current time, there are few liquid assets and I would rather not use them to defend the...more
Claim to excess funds in foreclosure- In this appeal, the Eighth Appellate District considered who is entitled to excess sale proceeds; another mortgagee (who never appeared or answered in the case) or the borrower? Here,...more
David Johnson presented his paper entitled “Fiduciary Litigation Update 2020-2021” to the Texas Bankers Association’s Wealth Management & Trust Conference on September 30, 2021. This presentation covered recent statutory...more
The High Court has delivered guidance on how injunctions obtained against ‘persons unknown’ should be served in a decision in the case of Secretary of State for Transport (HS2) v Cuciurean [2020] EWHC 2614. The case applied a...more