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GLOSSARY
The claimant has a duty of full and frank disclosure of all material facts when making a without notice application for permission to serve out of the jurisdiction.
NEWS
Dispute Resolution analysis: This appeal concerns the dismissal of an application by Astor and three others (the appellants) to discharge a worldwide freezing order and proprietary injunction based upon an alleged breach of the duty of full and frank disclosure by one of the richest men in the world, Mr Salinas, and his company RBS (the respondents) on the without notice application for such relief. The relief was obtained in support of claims against an alleged prolific fraudster (and others) that over US$400m of shares in a listed Mexican company were transferred and then misappropriated following fraudulent misrepresentations. Having unsuccessfully pursued five other grounds at first instance, the appeal concerned one remaining allegation, namely that the respondents had failed properly to present their willingness and ability to pay the cross-undertaking in damages and other sums. The court unanimously dismissed the appeal, in so doing reiterating important points about the approach to full and frank disclosure and discharge applications as well as providing specific guidance in relation to what is required to demonstrate an unwillingness and inability to pay. Written by Jon Felce, partner at CYK.
GLOSSARY
Full disclosure refers, in legal practice, to the comprehensive and candid provision of all information and documents that a party is required to reveal in a given context, so that the other party (or the court or regulator) is not misled. It is a descriptive expression rather than a precise statutory term, and its content depends on the underlying legal duty.In civil litigation in England and Wales and Northern Ireland, it is commonly used in relation to disclosure or discovery obligations, including duties of standard disclosure and ongoing duties to disclose relevant documents. In Scotland, similar concepts arise under recovery and commission procedures, though “full disclosure” is less a term of art and more a shorthand for complete compliance with orders and duties of candour.The phrase is also frequently used in regulatory, financial services, corporate, family, tax and conveyancing contexts to denote the obligation to reveal all material facts, interests or conflicts. Across the UK and Ireland the core idea is consistent: all relevant information that ought properly to be revealed must be disclosed, and failure to give full disclosure may result in sanctions, adverse inferences, set-aside of transactions or judgments, or professional misconduct findings.
GLOSSARY
A method of capturing data that fully secures the integrity and authenticity of any ESI, including metadata.
NEWS
Pensions Minister, Torsten Bell, has written to the Work and Pensions Committee (WPC) on 31 March 2025 regarding their inquiry into pre-1997 benefit indexation within the Pension Protection Fund (PPF) and Financial Assistance Scheme (FAS). The letter confirms that the government is examining the WPC’s recommendations outlined in the WPC report which centre on the legal implications and impacts on defined benefit schemes, levy payers and taxpayers. The Pensions Minister states that a full government response to the WPC report is expected in the coming weeks. The letter also notes that the Minister has also had meetings with affected pensioners and MPs to discuss the issue.  The Minister's letter also addressed a parallel inquiry into pensioner poverty, confirming that the Department for Work and Pensions (DWP) has already submitted written evidence for consideration. The Pensions Minister has welcomed the WPC’s work on this related issue, indicating the DWP’s intention to maintain close collaboration with the WPC going forward.
PRACTICE NOTES
CRR The full text of the Capital Requirements Regulation
PRACTICE NOTES
Commission Delegated Regulation (EU) 2020/1272 Commission Delegated
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Commission Delegated Regulation (EU) 2020/1273 Commission Delegated
PRACTICE NOTES
Commission Delegated Retained Regulation (EU) 2019/979 Commission
PRACTICE NOTES
Commission Delegated Retained Regulation (EU) 2019/980 Commission
PRACTICE NOTES
Commission Delegated Retained Regulation (EU) 2020/1272 Commission
PRACTICE NOTES
Commission Delegated Retained Regulation (EU) 2020/1273 Commission