J. Aron & Co. v. Chown [2014]
[2014] EWCA Civ 1013 · Court of Appeal of England and Wales · England and Wales
Issue
Whether the judge applied the correct legal test for granting a worldwide freezing injunction, and whether the order was excessive.
Held
The order was set aside because the judge failed to consider the impact of the order on the respondent's business and did not properly apply the American Cyanamid test.
Exam use
In an exam, introduce J. Aron & Co. v. Chown with the citation only if you can remember it accurately; otherwise use the case name and court, then focus on the rule and application. A strong answer should say what J. Aron & Co. v. Chown decided, why the facts mattered, and how the authority helps resolve the new facts. Avoid treating the case as a decorative reference. Use it to prove a doctrinal step in Freezing injunctions; remedies approach; balance of convenience, then move quickly to analysis.
Summary
J. Aron & Co. v. Chown is included in the Remedies case database because it gives students a concrete authority for Freezing injunctions; remedies approach; balance of convenience. The reported citation is [2014] EWCA Civ 1013, and the decision is associated with Court of Appeal of England and Wales. In revision, treat the case as a way to connect the legal issue to a real dispute rather than as an abstract rule. The key exam move is to state the holding, identify the fact pattern that made the rule matter, and then decide whether a new problem question should apply, distinguish, or limit the authority.
Facts
Procedural History
Issue
Whether the judge applied the correct legal test for granting a worldwide freezing injunction, and whether the order was excessive.
Held
The order was set aside because the judge failed to consider the impact of the order on the respondent's business and did not properly apply the American Cyanamid test.
Ratio Decidendi
Freezing injunctions are an exceptional remedy; the applicant must show a real risk of dissipation and the order must not be oppressive or disproportionate.
Obiter Dicta
Check the linked source for concurring, dissenting, or obiter observations before quoting this case. If the case includes non-binding reasoning, use it as persuasive support rather than as the core rule.
Reasoning
Plain-English Explanation
Essay-Ready Explanation Generator
Version 1 of 4
Reference to J. Aron & Co. v. Chown ([2014] EWCA Civ 1013) strengthens a Remedies answer because the case reflects the principle that Freezing injunctions are an exceptional remedy; the applicant must show a real risk of dissipation and the order must not be oppressive or disproportionate. Applied to a problem question, the case should be used after identifying the issue as Whether the judge applied the correct legal test for granting a worldwide freezing injunction, and whether the order was excessive. The stronger essay move is to connect the material facts to the court's holding, then explain whether the present facts support the same conclusion or justify distinguishing the authority.
Underlying Concepts
- remedies
- Remedies
- Freezing injunctions; remedies approach; balance of convenience
- case authority
- exam application
Key Passages
- Verify exact wording in the linked source before quoting.
Significance
Related Cases
No related cases listed.
Exam Tips
Revision Checklist
- Name the issue before discussing facts so the marker sees the legal question immediately.
- State the holding in one sentence, then use the ratio to explain why the court reached that result.
- Use the citation and jurisdiction to show why this authority matters for the problem you are answering.
- Pair this case with one supporting or contrasting authority if the question tests limits, policy, or exceptions.
Problem Question Use
Common Pitfalls
- Name-dropping the case without applying the facts
- Ignoring jurisdiction or procedural posture
- Quoting without checking the linked source