All posts with the tag: Full and frank disclosure

The judgment of Mr Justice Males in Fiona Trust & Holding Corporation v Privalov and others helpfully illustrates the courts’ approach to assessing whether a defendant has suffered loss as a result of an incorrectly granted freezing order, for the purpose of enforcing the claimant’s cross-undertaking in damages. The decision confirms that the court should … Continue reading Cross-undertaking in damages: assessment of loss

In Orb ARL and others v Fiddler and another, Mr Justice Popplewell discharged a Norwich Pharmacal order following the discovery of serious failures by the applicants to fulfil their duty of full and frank disclosure.  There was also significant evidence to suggest that the true purpose of the application was to gain an advantage in … Continue reading “Abusive” Norwich Pharmacal order discharged

In Mace (Russia) Ltd v Retansel Enterprises Ltd, the Commercial Court discharged a without notice injunction to restrain continuation of Russian arbitration proceedings because of material non-disclosure by the claimant, but it granted a new on-notice injunction as the Russian proceedings were an improper attempt to subvert London arbitration proceedings. Background The claimant had agreed … Continue reading High Court grants anti-suit injunction to prevent Russian arbitration proceedings and clarifies scope of restriction on obtaining interim relief in LCIA Rules

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 Orb A.R.L. v Ruhan, Mr Justice Cooke denied the claimants’ application to serve four proposed additional defendants out of the jurisdiction and to obtain an injunction against those defendants. He held that the claimants’ earlier “over-recovery” in respect of any wrong doing, and failure to disclose this recovery, were enough to deny permission for … Continue reading Judge criticises “extraordinary” actions of claimants who failed to come to equity with clean hands

Todaysure Matthews v Marketing Ways Services demonstrates how the courts will balance the need to uphold a consent order agreed between the parties, with enforcing disclosure obligations owed to the court. In delivering his judgment and upholding the consent order, Teare J held that while the disclosure breach by the claimant was serious, the continuation … Continue reading High Court refuses defendant’s application to set aside consent order despite claimants’ failure to give full and frank disclosure when obtaining an earlier injunction

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