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Contract analysis / application-tpdo-meridian-trust.docx
application-tpdo-meridian-trust.docx
1044-00001 · 11 clauses
High · 0 Medium · 3 Standard · 2
1. Meridian Trust Bank Ltd., 50 Lombard Street, London EC3V 9EA (the "Third Party"), must
1. Meridian Trust Bank Ltd., 50 Lombard Street, London EC3V 9EA (the "Third Party"), must not make any payment out of, or otherwise deal with or dispose of, any debt owed by it to the Judgment Debtor, Korinthian Maritime Holdings Ltd. (Cyprus Registration No. HE 387421), including without limitation all sums standing to the credit of any and all accounts held in the name of, or for the benefit of, Korinthian Maritime
2. The amount restrained pursuant to paragraph 1 of this order shall not exceed £108,600,0 Medium
⚑ Liability cap to check against exposure
2. The amount restrained pursuant to paragraph 1 of this order shall not exceed £108,600,000 (one hundred and eight million six hundred thousand pounds sterling), being the total of the Award of £96,450,000 (ninety-six million four hundred and fifty thousand pounds sterling) and costs of £12,150,000 (twelve million one hundred and fifty thousand pounds sterling), together with: (a) post-award interest accruing at the
3. Meridian Trust Bank Ltd. shall, within 7 days of service of this order upon it, provide Medium
⚑ Notice / time limit to track
3. Meridian Trust Bank Ltd. shall, within 7 days of service of this order upon it, provide to the Court and to the Judgment Creditor's solicitors (Calderwood & Harkness LLP, 45 Moorgate, London EC2R 6AR, Reference: SE/LO/HB/PG) written confirmation of the following: (a) whether Meridian Trust Bank Ltd. holds any accounts in the name of, or for the benefit of, Korinthian Maritime Holdings Ltd.; (b) the account number(
4. Korinthian Maritime Holdings Ltd. (the "Judgment Debtor") must not take any step to ins
4. Korinthian Maritime Holdings Ltd. (the "Judgment Debtor") must not take any step to instruct, request, authorise, or cause Meridian Trust Bank Ltd. to transfer, remove, pay away, or otherwise deal with any sums held in any account or accounts in the name of, or for the benefit of, Korinthian Maritime Holdings Ltd. at Meridian Trust Bank Ltd. 4.3 Directions for Service
5. This interim order, together with the application notice dated 5 August 2024 and the fi
5. This interim order, together with the application notice dated 5 August 2024 and the first witness statement of Hannah Brinkley dated 5 August 2024 (and Exhibits HB-1 to HB-5 thereto), shall be served on: (a) Meridian Trust Bank Ltd. at 50 Lombard Street, London EC3V 9EA, marked for the attention of the Legal / Compliance Department; and (b) Korinthian Maritime Holdings Ltd. at its registered address at 28 Themist
6. Service shall be effected within 7 days of the date of this order. Service on Harkness Medium
⚑ Notice / time limit to track
6. Service shall be effected within 7 days of the date of this order. Service on Harkness Whitford & Co. shall constitute good service on the Judgment Debtor for the purposes of this order. 4.4 Directions for Final Order Hearing
7. A hearing shall be fixed for the consideration of a final third-party debt order under
7. A hearing shall be fixed for the consideration of a final third-party debt order under CPR 72.7, such hearing to take place not less than 28 days after the date of service of this interim order on both the Third Party and the Judgment Debtor (or the last of them to be served, if they are served on different dates).
8. At that hearing, the Court will consider whether to make a final third-party debt order Standard
⚑ Commercial term
8. At that hearing, the Court will consider whether to make a final third-party debt order requiring Meridian Trust Bank Ltd. to pay over to the Judgment Creditor (or as the Court may direct) all sums standing to the credit of the Judgment Debtor's account(s) at Meridian Trust Bank Ltd., up to the total amount of the judgment debt together with accrued post-award interest and costs.
9. Any objection by Meridian Trust Bank Ltd. or by Korinthian Maritime Holdings Ltd. to th
9. Any objection by Meridian Trust Bank Ltd. or by Korinthian Maritime Holdings Ltd. to the making of a final third-party debt order must be filed with the Court and served on all other parties not less than 3 days before the date fixed for the hearing, and must be accompanied by written evidence setting out the grounds of the objection. 4.5 Costs
10. The costs of and occasioned by this application are reserved to the hearing of the app
10. The costs of and occasioned by this application are reserved to the hearing of the application for a final third-party debt order. 4.6 Liberty to Apply
11. There is liberty to the Judgment Creditor, the Judgment Debtor, or Meridian Trust Bank Standard
⚑ Commercial term
11. There is liberty to the Judgment Creditor, the Judgment Debtor, or Meridian Trust Bank Ltd. to apply to vary or discharge this order on not less than 48 hours' written notice to the other parties, such notice to be given to the solicitors for the Judgment Creditor (Calderwood & Harkness LLP) and the solicitors for the Judgment Debtor (Harkness Whitford & Co.) at the addresses set out in Section 6 below, and to Me