03 November 2016
Kazakhstan Kagazy plc and others v Zhunus and others [2016] EWCA Civ 1036, [2016] All ER (D) 178 (Oct)
The Court of Appeal allowed an appeal against the judge’s refusal to grant permission to serve a contribution notice. That the alternative case was being pursued “conditionally” and not “currently” by the applicants, did not mean that there was no intention of pursuing it and it was not equivalent to an abuse of process. Further, in the circumstances, it was appropriate to either impose a freezing injunction or to extend to the applicants undertakings given by the respondent.
