Last year I had 10 new year’s resolutions for litigators. This year I have one. (The resolutions from last year remain current but one resolution is easier to keep)
THINK VERY CAREFULLY BEFORE, DURING AND AFTER, MAKING AN EX-PARTE APPLICATION OF ANY KIND
2016 saw several cases where the party that obtained an ex-parte order ended up paying for it dearly.
- In Fiona Trust & Holding Corporation -v- Privalov  EWHC 2163 (Comm) the claimant was ordered to pay tens of millions of dollars in damages following the obtaining of a freezing order.
- After a lengthy legal battle two solicitors were struck off because of failures to disclose matters when obtaining an ex-parte freezing injunction.
THESE ARE THE NUCLEAR WEAPONS OF THE LAW: AT THE VERY LEAST YOU HAVE TO HAVE READ THE RULE BOOK
There are two dangers: (i) lawyers who are familiar with this type of litigation and…
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