Matthew Tonnard has written a case note on the Court of Appeal’s decision in Gilbert v Broadoak Private Finance Ltd [2026] EWCA Civ 1172, handed down on 22 September 2026. The Court (Foxton LJ, with whom Miles and Jeremy Baker LJJ agreed) held that a post-judgment Chabra freezing order cannot be served on a foreign non-cause-of-action defendant through the enactment gateway in PD 6B para 3.1(20), section 37 of the Senior Courts Act 1981 not being an enactment “which allows proceedings to be brought”, and refused permission to appeal on the injunction and property gateways. The article examines the Court’s reasoning, the points it expressly left open, and what the decision means in practice for judgment creditors pursuing assets abroad. It follows Matthew’s earlier note on the first instance decision, published in June 2026.

Read the full article here Article – Gilbert v Broadoak Court of Appeal