The claimants had obtained an ex parte freezing order. The respondent complained that they had failed to provide full notes of the hearing as required.
Held: It was vital that those obtaining ex parte relief should comply with the requirements. A copy of the notes of the hearing had to be provided to the other party whether or not they requested them. In this case however the failure was not enough to justify the discharge of the order.
Neuberger J
Times 10-Dec-2002
England and Wales
Citing:
Cited – Interoute Telecommunications (UK) Ltd v Fashion Gossip Ltd and Others ChD 10-Nov-1999
Where a party to litigation made an ex parte application, there was a clear duty on the legal representative attending to make full notes of the hearing so that, if the opposing party sought in any way to challenge what had happened, a record would . .
Cited by:
Appeal from – Thane Investments Ltd and others v Tomlinson and others CA 29-Jul-2003
Peter Gibson LJ emphasised that in freezing order applications, ‘it is important that there should be solid evidence adduced to the Court of the likelihood of dissipation.’ He went on to say that it was not enough merely to point to some dishonesty . .
Lists of cited by and citing cases may be incomplete.
Litigation Practice
Updated: 06 December 2021; Ref: scu.178367