The parties disputed management of a fund subject to a legal stalemate since 1948, and now worth some andpound;35 million pounds. Application to set aside discontinuance without permission.
Held: If, upon such an application, the Court is persuaded that the discontinuance was an abuse of the Court’s process, it may set it aside and impose terms. The discontinuance was found to be an improper attempt to extract the claimant state from the consequences of an unequivocal waiver of immunity.
Henderson J
[2015] EWHC 55 (Ch)
Bailii
England and Wales
Cited by:
Cited – Arcadia Group Ltd and Others v Telegraph Media Group Ltd QBD 8-Feb-2019
Claimant’s application for leave to withdraw request for injunction to prevent publication of stories regarding matters subject to non-disclosure agreements.
Held: Granted. An junction had been granted, but Lord Hain had disclosed protected . .
Lists of cited by and citing cases may be incomplete.
Banking, Litigation Practice
Updated: 13 January 2022; Ref: scu.541490