LINSEN INTERNATIONAL LTD V HUMPUSS SEA TRANSPORT PTE LTD

[2010] EWHC 303 (Comm), Queen's Bench Division, Commercial Court, Mr Justice Christopher Clarke, 19 February 2010

Procedure - Disclosure - Whether a case for admitting evidence statements made during settlement negotiations "without prejudice" - Effect of putative defences to claim - Sufficient risk of dissipation - Freezing injunction continued

The claimant group of companies had chartered seven chemical tankers to HS. The liabilities of HS were guaranteed by its parent HIT, a listed company. HS did not pay hire due in respect of four charters. On 17 December 2009, on the application of the claimants, Gross J made a worldwide freezing order against HS and HIT in the sum of USD89,569,290.79. This was the application of HS and HIT for the setting aside of the order on the grounds of a failure by the claimants to make full and frank disclosure of all material facts and circumstances and the absence of any real risk of dissipation; or alternatively a reduction in the amount specified in the order. The claimants resisted both applications and sought further disclosure from the defendants.