An attempt to develop a set of rules governing worldwide freezing orders have resulted in the Dadourian Guidelines. But, as Robert Hunter argues, they can only work if courts use a little bit of common sense when applying them
You cannot legislate, so the cliche goes, for common sense. Within the judicial process, of course, nobody actually calls it common sense. Instead, it tends to proceed under the banner of judicial discretion. However it is termed, the decision in Dadourian Group International Inc v Simms & Ors  looks like an unhelpful attempt to codify it.
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