Apollo XI Ltd v Nexedge Markets Ltd [2025] EWHC 1488 (KB) (17 June 2025)
The freezing injunction was discharged because Apollo failed to make full and fair disclosure of material facts at the without notice hearing, including the true circumstances of the breakdown in relations, the making and context of the audio recording, and the absence of any real risk of dissipation. The evidence...
Source-derived case information.
- Citation
- [2025] EWHC 1488 (KB)
- Parties
- Claimant: Apollo XI Limited; Defendant: Nexedge Markets Limited
- Jurisdiction
- England and Wales
- Judgment Date
- 17 June 2025
- Procedural Posture
- Freezing Injunction / Interim Relief (discharge and Continuation Applications) / Return Date Hearing on Discharge and Continuation of Interim Freezing Order
- Outcome
- Freezing injunction discharged
- Legal Topics
- Freezing Injunctions, Material Non Disclosure, Breach of Contract, Duty of Candour, Asset Dissipation, Loan Agreements
Source-derived case record
Summary, issues, holding and outcome
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Parties
Apollo XI Limited
Claimant
Nexedge Markets Limited
Defendant
Procedural Posture
Freezing Injunction / Interim Relief (discharge and Continuation Applications) / Return Date Hearing on Discharge and Continuation of Interim Freezing Order
Legal Issues
- 1 Whether the freezing injunction should be discharged for material non-disclosure and breach of duty of fair presentation
- 2 Whether the freezing injunction should be continued
- 3 Whether there was a good arguable case for breach of contract
Ratio Decidendi
The freezing injunction was discharged because Apollo failed to make full and fair disclosure of material facts at the without notice hearing, including the true circumstances of the breakdown in relations, the making and context of the audio recording, and the absence of any real risk of dissipation. The evidence did not support a good arguable case of asset dissipation, and the presentation to the court was materially misleading.
Court Disposition
Freezing injunction discharged
Orders
- The freezing injunction is discharged with immediate effect.
- Reporting restrictions on the audio recording remain in place pending further order.
Full Case Text
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