Walters v Bingham [1985] JLR 439 (22 December 1986)

Walters v Bingham [1985] JLR 439 (22 December 1986)

An interlocutory injunction may be lifted if the original application involved material misrepresentation or non-disclosure that would have affected the grant of the injunction; however, failure to provide an affidavit is not material non-disclosure except in specific cases such as Mareva injunctions.

Citation
[1985] JLR 439
Parties
Applicant: Walters; Respondent: Bingham
Jurisdiction
Jersey
Judgment Date
22 December 1986
Procedural Posture
Civil / Interlocutory
Outcome
clarification of principles; outcome on facts not provided
Legal Topics
Injunctions, Misrepresentation, Non Disclosure
Civil Procedure Injunctions Misrepresentation Non Disclosure

Case Brief

Summary, issues, holding and outcome

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Parties

Walters

Applicant

Bingham

Respondent

Procedural Posture

Civil / Interlocutory

Legal Issues

  1. 1 Whether an interlocutory injunction should be lifted due to material misrepresentation or non-disclosure by the applicant
  2. 2 Whether failure to provide an affidavit is material non-disclosure

Ratio Decidendi

An interlocutory injunction may be lifted if the original application involved material misrepresentation or non-disclosure that would have affected the grant of the injunction; however, failure to provide an affidavit is not material non-disclosure except in specific cases such as Mareva injunctions.

Court Disposition

clarification of principles; outcome on facts not provided