header-logo header-logo

Freezing order

05 March 2010
Issue: 7407 / Categories: Case law , Law digest
printer mail-detail

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 by the claimant but only in fulfilment of a duty

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

NLJ career profile: Liz McGrath KC

NLJ career profile: Liz McGrath KC

A good book, a glass of chilled Albarino, and being creative for pleasure help Liz McGrath balance the rigours of complex bundles and being Head of Chambers

Burges Salmon—Matthew Hancock-Jones

Burges Salmon—Matthew Hancock-Jones

Firm welcomes director in its financial services financial regulatory team

Gateley Legal—Sam Meiklejohn

Gateley Legal—Sam Meiklejohn Premium Content

Partner appointment in firm’s equity capital markets team

NEWS

Law school partners with charity to give free assistance to litigants in need

Magic circle firms, in-house legal departments and litigation firms alike are embracing more flexible ways to manage surges of workloads, the success of Flex Legal has shown

Magic circle firms, in-house legal departments and litigation firms alike are embracing more flexible ways to manage surges of workloads, the success of Flex Legal has shown

Magic circle firms, in-house legal departments and litigation firms alike are embracing more flexible ways to manage surges of workloads, the success of Flex Legal has shown

Walkers and runners will take in some of London’s finest views at the 16th annual charity event

back-to-top-scroll