Cases

Mond & Ors v Mason & Ors

Held

Continuing the freezing order but not the libel injunction:

(1) The close links between D1, D3 and D4 and IVAC, the fact that IVAC appeared to exist only to generate business for D4, and the false statements in D4's literature meant that the Cs had made out a good arguable case. There was evidence that the Ds had been acting in a commercially dubious scheme and there had been less candour than might have been expected. There was therefore a risk of dissipation of assets and this was a proper case to order the continuation of the freezing order in the amount of £100,000.

(2) Although the Ds had not served evidence of any intention to justify, the rule in Bonnard v Perryman was engaged and, in the circumstances of the case, including that it might interfere with the Ds’ ability to carry on their business, it was inappropriate to continue the injunction in libel. Nor could the injunction be granted on the alternative substantive basis of causing loss by unlawful means.

Also