All posts with the tag: Ex Parte

In Windrush Continental SA v Bitumen Invest A/S, the High Court discharged an interim freezing order in somewhat surprising and unusual circumstances.  The decision confirms the procedurally correct way to vary the terms of an interim freezing order (or other injunction) obtained without notice, while also providing a reminder of the need to use clear … Continue reading Varying the terms of an interim injunction made without notice

In Elizabeth Watson and Craig Watson (proposed claimants), the High Court provided a salient reminder that, unless there is good cause, an application for an interim injunction must be made after the issue of the claim form and notice must be given to the other side. The Bank of Scotland plc had brought possession proceedings … Continue reading Court reminds parties that injunction applications should be made after issue and on notice

In Breckons and others v Powerscourt Services Ltd, the High Court discharged a freezing order on the basis of material non-disclosure and misrepresentation by the claimants at the without notice application.  In so doing, the court followed the principles for applications based on material non-disclosure laid down in The Arena Corporation Limited v Schroeder [2003] … Continue reading High Court discharges a freezing order for material non-disclosure

The importance of providing full and frank disclosure in without notice applications was recently evidenced in the case of YXB v TNO. As a result of the claimant’s material non-disclosure, the High Court discharged orders granted in the claimant’s favour and denied a privacy injunction for the future. The claimant, a Premier League footballer, had … Continue reading Premier League footballer’s injunction overturned owing to lack of full and frank disclosure

In an exhaustive judgment, Flaux J found in Boreh v Republic of Djibouti that the court had been misled by a solicitor and his client both at the without notice stage, when applying for a freezing injunction, and then subsequently inter partes. Even when challenged, the deception of the court, and the other party, was … Continue reading Injunctions: duty not to mislead the court

In Alliance Bank JSC v Zhunus, Mr Justice Cooke discharged a worldwide freezing order and an order giving permission to serve out of the jurisdiction where (1) the underlying claim was time-barred as a matter of Kazakh law; and (2) the claimant had made material non-disclosures at the without notice hearing of the injunction application. … Continue reading Discharge of worldwide freezing order: test of “materiality” of non-disclosure

In JSC Mezhdunarodniy Promyshlenniy Bank v Pugachev, Mr Justice Mann continued a worldwide freezing order in a case which illustrates the challenge of both establishing material non-disclosure by the claimant and persuading the court that it should discharge the freezing order as a result. The claimants (a Russian bank and Russian state organisation responsible for … Continue reading Whether deficiencies in evidence and material non-disclosure will lead to discharge of freezing order

Unusually, in AAH Pharmaceuticals Ltd v Mercury Pharmaceuticals Ltd and another, the High Court has granted an ex parte mandatory interim injunction. The courts are often reluctant to make such an order, because where the defendant is ordered to take a positive step at an interim stage, there is a greater risk of injustice to … Continue reading Court grants ex parte mandatory interim injunction