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14 July 2011
Issue: 7474 / Categories: Case law , Law digest , In Court
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Practice and procedure

Russian Commercial Bank (Cyprus) Ltd v Khoroshilov and others [2011] EWHC 1721 (Comm), [2011] All ER (D) 35 (Jul)

It was settled law that the scope of the duty of disclosure of a party applying for injunctive relief was, in broad terms agreed between the parties. An applicant had to show the utmost faith and disclose his case fully and fairly.

If the court found that there had been breaches of the duty of full and fair disclosure on an ex parte application, the general rule was that it should discharge the order obtained in breach and refuse to renew the order until trial. Notwithstanding that general rule, the court had jurisdiction to continue or re-grant the order. The court had a “single discretion” to be exercised in accordance with all the circumstances of the case.
 

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MOVERS & SHAKERS

Jurit LLP—Caroline Williams

Jurit LLP—Caroline Williams

Private wealth and tax team welcomes cross-border specialist as consultant

Freeths—Michelle Kirkland Elias

Freeths—Michelle Kirkland Elias

International hospitality and leisure specialist joins corporate team as partner

Flint Bishop—Deborah Niven

Flint Bishop—Deborah Niven

Firm appoints head of intellectual property to drive northern growth

NEWS
Talk of a reserved ‘Welsh seat’ on the Supreme Court is misplaced. In NLJ this week, Professor Graham Zellick KC explains that the Constitutional Reform Act treats ‘England and Wales’ as one jurisdiction, with no statutory Welsh slot
The government’s plan to curb jury trials has sparked ‘jury furore’. Writing in NLJ this week, David Locke, partner at Hill Dickinson, says the rationale is ‘grossly inadequate’
A year after the $1.5bn Bybit heist, crypto fraud is booming—but so is recovery. Writing in NLJ this week, Neil Holloway, founder and CEO of M2 Recovery, warns that scams hit at least $14bn in 2025, fuelled by ‘pig butchering’ cons and AI deepfakes
After Woodcock confirmed no general duty to warn, debate turns to the criminal law. Writing in NLJ this week, Charles Davey of The Barrister Group urges revival of misprision or a modern equivalent
Family courts are tightening control of expert evidence. Writing in NLJ this week, Dr Chris Pamplin says there is ‘no automatic right’ to call experts; attendance must be ‘necessary in the interests of justice’ under FPR Pt 25
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