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United Kingdom Leading Case freezing injunctions mareva

Brink's Mat Ltd v Elcombe

[1988] 1 WLR 1350
JurisdictionUnited Kingdom
CourtEngland and Wales Court of Appeal
Year1988
StatusBinding authority

Summary

An applicant for a without-notice injunction owes a duty of full and frank disclosure; material non-disclosure may justify discharge of the order.

Key Principle

full and frank disclosure duty on without-notice applications; material non-disclosure grounds for discharge

Area of Law

Injunctive Relief and Interim Remedies

Related Cases

Broad Idea International Ltd v Convoy Collateral Ltd [2021] UKPC 24

Privy Council clarified the principles governing Chabra-style freezing injunctions against non-cause-of-action defendants where assets are held by a third party.

JSC BTA Bank v Ablyazov [2015] UKSC 64

Contempt of court for breach of a freezing order requires only knowledge of the order and a deliberate act, not an intention to breach it.

NML Capital Ltd v Argentina [2011] UKSC 31

The UK Supreme Court held that Argentina could not rely on state immunity under the State Immunity Act 1978 where its bond issuance constituted a commercial transaction.

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