Freezing injunctions—full and frank disclosure — 2022
Published by a LexisNexis Dispute Resolution expert
Last updated on 12/08/2022

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
  • Court specific guidance

Freezing injunctions—full and frank disclosure

This Practice Note provides guidance on the interpretation and application of the relevant provisions of the CPR. Depending on the court in which your matter is proceeding, you may also need to be mindful of additional provisions—see further below in the main section titled Court specific guidance.

Note that this Practice Note considers the duty of full and frank disclosure in without notice applications for freezing injunctions. 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

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