Kuwait Oil Tanker & Co SAK and Anr v Al Bader and Ors - Court of Appeal (Beldam, Hobhouse and Aldous LJJ) - 27 November 1995

Mareva injunction - Whether injunction should be set aside on ground of material non disclosure

The plaintiffs brought proceedings against three defendants alleging that they had been defrauded of a sum exceeding US$75 million between 1986 and 1992. The plaintiffs obtained a Mareva injunction ex parte from Cresswell J. The first and second defendants applied inter alia to set aside the Mareva injunction on the ground inter alios that the affidavit in support of the plaintiff’s ex parte application contained material non disclosures. Judge Diamond dismissed the application and refused leave to appeal. Mr Al Bader obtained leave ex parte from the Court of Appeal against the refusal to discharge the Mareva injunction.