Freezing injunctions—full and frank disclosure
Freezing injunctions—full and frank disclosure

The following Dispute Resolution guidance note provides comprehensive and up to date legal information covering:

  • Freezing injunctions—full and frank disclosure
  • The duty to give full and frank disclosure
  • The duty of full and frank disclosure—the requirement to make inquiries
  • Duty of full and frank disclosure—requirement to disclose all material facts
  • Duty of full and frank disclosure—presentation of the material facts
  • Breach of the duty of full and frank disclosure—are the undisclosed matters material?
  • Breach of the duty of full and frank disclosure—what are the consequences?
  • Deliberate non-disclosure
  • Effect on costs
  • Effect on the cross-undertaking in damages
  • more

This Practice Note considers the duty of full and frank disclosure, one of the requirements an applicant must satisfy to obtain a freezing injunction (or freezing order) from the court. For more general guidance on freezing injunctions, see Practice Note: Freezing injunctions—requirements.

The duty to give full and frank disclosure

Freezing injunctions (also known as freezing orders) are generally sought by claimants using a 'without notice' application (ie on an ex parte basis). In such circumstances the defendant will not have an opportunity to make representations on its own behalf, so there is a duty on the applicant (owed to the court) to make full and frank disclosure of all material facts to the court determining the application for the freezing injunction. The duty of full and frank disclosure extends to the applicant’s legal advisers (Fundo Soberano De Angola v dos Santos), who also have a ‘heavy’ responsibility, commensurate with the importance attached to the duty itself, to ensure their client is aware of its obligations and what they mean in practice, which includes exercising a ‘degree of supervision’ in ensuring that the duty is discharged (Fundo Soberano De Angola v dos Santos).

The leading statements of principle in this regard are found in Brink's Mat v Elcombe, where the duty of full and frank disclosure was described as a 'heavy