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05 March 2010
Issue: 7407 / Categories: Case law , Law digest
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Freezing order

Linsen International Ltd v Humpuss Sea Transport PTE Ltd and another [2010] EWHC 303 (Comm), [2010] All ER (D) 258 (Feb)

The case concerned a challenge to a freezing order on the grounds that the claimant had not completed full disclosure, due to without-prejudice communications not being disclosed. The court held that the basic rule was that the fact and content of without prejudice communications were not to be disclosed.

However, the obligation of a party seeking ex parte relief to ensure that the court was not misled meant that he could not regard the basic rule as determinative on the question of disclosure. Considerable care had to be taken in holding that a claimant was bound to disclose without prejudice material.

A prime reason for that was to prevent admissions made in such discussions from being used against those who had made them. Another reason for a relatively robust approach against holding disclosure to be necessary was to avert the prospect of disputes as to whether without prejudice material had properly been put before the court

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MOVERS & SHAKERS

Flint Bishop—Charlotte Harris

Flint Bishop—Charlotte Harris

Sheffield expansion continues with appointment of commercial property partner

Browne Jacobson—Paul Duggan

Browne Jacobson—Paul Duggan

Browne Jacobson strengthens banking and finance practice with latest partner appointment Paul Duggan

Ward Hadaway—Chris Piggott

Ward Hadaway—Chris Piggott

Employment partner joins Ward Hadaway

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