Source: All England Reporter
Publisher Citation: [2002] All ER (D) 230 (Jan)
Court: Queen's Bench Division

Gross J

Judgment Dates: 25 January 2002


Practice - Pre-trial or post-judgment relief - Freezing order - Order made without notice - Defendant applying to discharge order - Non-disclosure by claimant - Reliance on evidence disclosed by receivers in possible breach of duty - Whether order to be discharged.

The Case

On an application to discharge a freezing order on the grounds of non-disclosure by the claimant, and reliance on evidence which had been improperly disclosed to the claimant, the court held that, while there had been a degree of non-disclosure by the claimant, in the circumstances the injunction should be continued, and that since the claimant was not on notice that the evidence relied on might have been disclosed in breach of duty, reliance on such evidence could not be criticised.

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