Source: All England Reporter
Publisher Citation: [2007] All ER (D) 415 (Oct)
Neutral Citation: [2007] EWHC 2442 (Ch)
Court: Chancery Division
Judge:

Henderson J
Representation Max Mallin (instructed by DLA Piper UK LLP) for the liquidator.
  Matthew Collings QC and Richard Morgan (instructed by Farrer & Co LLP) for the first respondent.
Judgment Dates: 26 October 2007

Catchwords

Injunction - Freezing order - Generally - Injunction made without notice - First respondent seeking discharge of order - Whether indemnity costs should be made against applicant liquidator.

The Case

Injunction Freezing order. The first respondent's application to discharge the freezing order granted against him on a without notice application was allowed, with indemnity costs awarded against the applicant liquidator on the grounds that it had been improperly and unreasonably made without notice. It suffered from severe procedural flaws, and, in the circumstances, the duty of full and frank disclosure had been breached. Those features, taken together, were sufficient to remove the case from the ordinary run of cases, and certain matters warranted the court's disapproval.

Practice Areas

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