Jurisdiction(s):
United Kingdom

English Commercial Court narrows anti‑suit injunction: breaches of Harman obligation and full‑and‑frank disclosure; no ostensible authority under group engagement letters; relief limited to 2018 GBAG–Marsh EJC

Published on: 15 January 2025

Published by a LexisNexis Dispute Resolution expert

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Article summary

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 is presently in insolvency administration...

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