July 1st, 2021 by James Goudie KC

Valbonne Estates v Cityvalue Estates (2021) EWCA Civ 973 concerns the proper exercise of the Court’s discretion to continue an interim injunction or to re-grant it notwithstanding serious non-disclosure by the applicant when seeking the interim injunction on a without notice basis. At para 47 and following the Court of Appeal sets out the relevant principles. There are no hard and fast rules which must be applied. The Court should take into account all relevant circumstances.

Where there are breaches of the duty of full and fair disclosure on a without notice application, the general rule is that the order should be discharged and the Court should refuse to re-grant it. That is the starting point, especially if the non-disclosure/inaccurate representations are neither inadvertent nor accidental.

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