Freezing injunctions—full and frank disclosure

The following Dispute Resolution practice 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?
  • What is the applicable test for determining whether or not a solicitor has deliberately misled the court?
  • Without prejudice discussions

Freezing injunctions—full and frank disclosure

This Practice Note considers the duty of full and frank disclosure in without notice applications for freezing injunctions. For more general guidance on freezing injunctions, see Practice Note: Freezing injunctions—requirements.

For related guidance on the duty of full and frank disclosure in the context of without notice applications generally, see also Practice Notes:

  1. Interim injunctions—without notice applications—Duty of full and frank disclosure

  2. Serving outside the jurisdiction with court permission—full and frank disclosure

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 key

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