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Updates and Commentary on Civil Procedure, by Gordon Exall, Barrister, Kings Chambers
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MATERIAL NON-DISCLOSURE ON WITHOUT NOTICE APPLICATIONS: A SALUTARY REMINDER

October 8, 2014 · by gexall · in Applications, Civil Procedure, Members Content

The previous post on the Evans’ case highlights the duty of full and frank disclosure on an ex parte application. In the Evans case it would have been impossible for the claimant to argue material non-disclosure (if indeed there was…

WITHOUT NOTICE APPLICATIONS FOR FREEZING ORDERS: THE DANGERS ABOUND: GREENWICH CASES CONTAINS SOME TIMELY LESSONS

July 21, 2014 · by gexall · in Applications, Civil Procedure, Disclosure, Members Content, Risks of litigation, Witness statements, Written advocacy

I have written before of the dangers involved in making without notice applications, particularly for freezing orders (“nuclear weapons that can blow up in  your face”).  There is an extremely high duty on the applicant to disclose all relevant matters…

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