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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

Gateley Legal—Jack Kelly

Gateley Legal—Jack Kelly

Gateley Legal expands Midlands residential development team

Gibson Dunn—Richard Surtees

Gibson Dunn—Richard Surtees

Gibson Dunn adds employee benefits and executive compensation practice in London with partner Richard Surtees

Laytons ETL—Alec Cameron

Laytons ETL—Alec Cameron

Laytons ETL appoints new partner and head of intellectual property disputes

NEWS
A series of recent decisions has clarified important principles across property law, from perpetuities to lease renewals and public rights over land
Employers cannot rely on wellbeing services alone to defend workplace stress claims after a High Court decision awarding almost £1m to an overworked employee
Andy Burnham's brand of 'Manchesterism' could offer fresh thinking on legal aid and access to justice if it reaches Westminster, according to Roger Smith, NLJ columnist and former director of JUSTICE
The constitutional fallout from a change of prime minister, rather than the politics, is under scrutiny as questions arise over the limits of executive authority in a leadership transition
The legal profession is undergoing a fundamental shift from selling services to creating technology-enabled products, according to Professor Luke Mason, Head of School of Law at Regent's University London
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