"Heavy handed opponents punished by indemnity costs"

Levi Solicitors were successful in obtaining for our client indemnity costs awarded against the Claimant. The Judge agreed with us in penalising the Claimant who had obtained a freezing injunction in which our client X company Ltd was named. The Judge reiterated an important procedural point when he gave judgment in the High Court hearing. He granted our application and he awarded indemnity costs in favour of our client.

On applications without notice to the other side for relief, particularly for asset freezing injunctions, legal representatives were under a duty to provide full notes of the hearing with all expedition to any party that would be affected by the grant of that relief. An ex parte application for a Mareva injunction had been made. Our client had been named in the injunction, but had otherwise been given no information on the proceedings.

His Lordship said that it was the duty of Counsel and Solicitors, when making an ex parte application for relief, particularly in connection with freezing injunctions, to make in the course of the hearing a full note of the hearing either at the time or soon after, and to provide a copy of that note with all expedition to any party affected by the grant of relief. That was essential so that you might know exactly what had occurred, the basis and material on which the Order had been made and so be able to make an informed application for discharge.

Obviously our client had been greatly inconvenienced by being mentioned in an injunction. We recovered costs for our client because the Judge accepted our complaints about the way that the case had been pursued.