Russian Commercial Bank (Cyprus) Ltd v Khoroshilov and others [2011] EWHC 1721 (Comm), [2011] All ER (D) 35 (Jul)
It was settled law that the scope of the duty of disclosure of a party applying for injunctive relief was, in broad terms agreed between the parties. An applicant had to show the utmost faith and disclose his case fully and fairly.
If the court found that there had been breaches of the duty of full and fair disclosure on an ex parte application, the general rule was that it should discharge the order obtained in breach and refuse to renew the order until trial. Notwithstanding that general rule, the court had jurisdiction to continue or re-grant the order. The court had a “single discretion” to be exercised in accordance with all the circumstances of the case.
