- Notification injunctions in practice (Holyoake and another v Candy and Others)
- Practical implications
- What did the court decide?
- Re-opening issues in an adjourned application
- Balance of convenience
- Court details
Dispute Resolution analysis: In his second published judgment in the Holyoake v Candy brothers litigation, Nugee J in the Chancery Division has considered the balance of convenience test in the context of a ‘notification injunction’. This decision follows on from his previous judgment in which he confirmed that the court does have the power to grant a so-called ‘notification injunction’, namely an injunction requiring the respondent to notify the applicant of disposals or dealings with their assets. In this decision Nugee J continued the injunction but subject to some modifications. This decision is of interest to practitioners concerned that the opposing party may dissipate their assets.
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