||All England Reporter
|| All ER (D) 415 (Oct)
|| EWHC 2442 (Ch)
||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.
||26 October 2007
Injunction - Freezing order - Generally - Injunction made without notice - First respondent seeking discharge of order - Whether indemnity costs should be made against applicant liquidator.
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.
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