Full and frank disclosure meaning

Introduction to freezing injunctions and scope of this checklist A freezing injunction (also known as a freezing order) is a temporary court order that prevents a respondent from disposing of or transferring its assets out of the relevant jurisdiction—namely England and Wales—or, in the case of a worldwide freezing order (WFO), from moving them anywhere in the world. The court’s principal aim in granting such relief is to preserve the respondent’s assets so that, if the applicant later obtains judgment against the respondent, there will be assets available for recovery by the applicant and, if necessary, enforcement action. This Checklist explains how to make an application for a freezing injunction where claims are contemplated or already underway in a corporate or personal insolvency context. As the precise circumstances of each matter must be assessed, this Checklist does not claim to be exhaustive; rather, it provides an overview of the key considerations at each stage when seeking an order of this kind. The focus throughout is asset preservation pending determination...

What are the practical implications of this case? This notable judgment addresses three discrete themes of particular significance. First, it revisits the Harman undertaking, which prohibits collateral use of documents obtained on disclosure in civil litigation. Deploying materials produced on disclosure in Australian proceedings to support an anti-suit injunction in England constitutes a breach of that obligation. Second, it assesses the duty of full and frank disclosure on without notice and short notice applications, together with the limited circumstances in which the court may properly exercise its discretion not to set aside an order procured in breach of that duty of full and frank disclosure. Finally, the decision offers a considered treatment of the doctrines of actual and ostensible authority, in a scenario where a company seeks to place reliance on engagement letters executed by a separate entity within the same corporate group. What was the background? Greensill Bank AG (GBAG) is a bank incorporated in Germany and forms part of the Greensill Group. It...

In this issue: Arbitration in England & Wales International Arbitration Investment treaty arbitration Institutional and ad hoc arbitration Other arbitration and ADR-related news and developments Daily and weekly news alerts New and updated content Useful information No Weekly Highlights on 24 April 2025 Arbitration in England & Wales Arbitration clauses and third parties: limits of protection In Renaissance Securities v ILLC Chlodwig Enterprises [2025] EWCA Civ 369, the Court of Appeal refused an appeal for an anti-suit injunction (ASI) to halt Russian claims pursued against the appellant’s affiliates. Although parts of the dispute arose under contracts governed by English law with LCIA arbitration seated in London, the court concluded those promises to arbitrate did not bind non-party affiliates. It also dismissed the contention that the clauses carried an implied negative pledge preventing related litigation elsewhere. Moreover, while recognising the Russian action might be vexatious and/or aimed at sidestepping the arbitration provisions and relevant sanctions,...

In this issue Key DR developments Claims and remedies Costs and funding Cross-border disputes Injunctions Pre-action and limitation Litigation Dates for your diary Useful information Daily and weekly news alerts Key DR developments Court and the legal profession The 11th Edition of the King’s Bench Guide: Key changes from the 10th Edition (April 2024) feature, among other updates, refreshed guidance on telephone hearings (Chapter 9); a reoriented emphasis reflecting the court’s enhanced alternative dispute resolution powers (Chapter 10); updated costs management, with the Senior Master’s Guidance Note now placed at Annex 8 (Chapter 10); amendments mirroring recent Part 25 reforms and the removal of CPR PD 25A and CPR PD 25B (Chapter 12); plus a new section on securing evidence from other jurisdictions (Chapter 20). For more detail, see LNB News 29/04/2025 29—the 11th Edition of the King’s Bench Guide has been released. UKSC and JCPC publish final year of 2023–2026 business plan:...

Practice Note This Practice Note assists with applications seeking the courts’ permission to serve a claim form outside the jurisdiction of the courts of England and Wales (referred to in this Note as the English courts). Such applications are usually determined without notice and on the papers. The Note addresses when the application should be made, the documents that must accompany it, and the matters to consider when completing the papers. It also explains the steps to take if permission is granted. In practice, permission is almost invariably given unless there is a clear and obvious defect in the application...

This Practice Note sets out how to construe and apply the CPR provisions that determine when a without-notice interim injunction may properly be sought. Depending on the court in which your case is being handled, you should also be alert to additional provisions-see further: Court specific guidance below. For wider guidance, see also the following Practice Notes: Injunctions-guiding principles Interim injunctions-on notice applications 6 April 2025 changes With effect from 6 April 2025, the CPR rules concerning interim injunctive relief were updated. In particular, CPR 25 was comprehensively revised and the related Practice Directions were revoked. The reforms were not intended to change the underlying law or day-to-day practice in a material way, but many provisions were renumbered and relocated. As a result, case law and commentary predating 6 April 2025 should be treated cautiously, as they cites the former provisions, numbering and standard orders. For more background, including links to the text as it stood before 6 April 2025, see: ...

This Practice Note explains how to make an application for a third party debt order (TPDO). It outlines the appropriate court in which to apply, identifies the correct form to file (Form N349), and emphasises the requirement for full and frank disclosure. It also covers when and what must be served after an interim TPDO is made, the evidence to be lodged ahead of the final hearing, and the court’s likely approach to that hearing. Note: With effect from 14 August 2023, the County Court Money Claims Centre (CCMCC) and the County Court Business Centre (CCBC) were renamed the Civil National Business Centre (CNBC). This Practice Note supplies guidance on the steps to obtain a TPDO. For the overarching principles—such as which debts can be caught, the impact of a TPDO, and debtor hardship payments—see Practice Note: What is a third party debt order (TPDO)? For further material on TPDOs, see: Money owed to the debtor—overview. It also explains how...

Filed on behalf of the Defendant Witness statement from [ insert initial and surname of witness ]. Statement number: [ insert number of the witness’s statement in relation to that witness ]. Exhibits referenced: [ insert initials and the number of each exhibit cited ]. Date the statement was signed: [ insert date ]. [ Date of translation: [ insert date ] ]. Claim No. [ insert claim number ]...

[ Date ] [ Client's name and address ] Dear [ insert client name ] Re: Injunctive relief I write to advise you regarding your intended application for an interim injunction against [ name of party ], sought in order to [ insert reason for and type of injunctive relief being sought ]. An injunction is a court order that compels a party to carry out a particular act (a mandatory injunction) or prevents a party from undertaking a particular act (a prohibitory injunction), either compelling performance or restraining conduct. The purpose of an interim injunction is to preserve the existing position and/or reduce potential unfairness ahead of a claim or issue being resolved. When deciding whether to grant such relief, the court will consider whether, among other matters: there is a serious issue to be tried; damages would probably be an adequate remedy for any loss that might be suffered if the injunction were refused; granting relief...

Filed on behalf of the Claimant Witness's statement provided by: [ insert initial and surname of witness ] Number of witness's statement: [ insert number of witness statement in relation to the witness ] Exhibits: [ insert initials and number of each exhibit referred to ] Date on which the statement was made: [ insert date ] [ Date of translation: [ insert date ] ] Claim number...