Source: All England Reporter
Publisher Citation: [2008] All ER (D) 51 (Jun)
Court: Chancery Division

Briggs J

Representation Fenner Moeran (instructed by Devonshires) for the claimants.
  Peter Irvin (instructed by Needleman Treon) for the defendants.
Judgment Dates: 5 June 2008


Practice - Pre-trial or post-judgment relief - Freezing order - Claimants obtaining without notice freezing order against defendants - Claimants failing to disclose material facts in obtaining order - Whether court should discharge freezing order.

The Case

Where the claimants had obtained a freezing injunction in circumstances where it subsequently transpired that there had been material non-disclosure, the circumstances of the instant case were such that it was not appropriate for the court to exercise the discretion to discharge the order. Any prejudice occasioned to the defendants was capable of being remedied by an order for costs.

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