The Duty Of Disclosure At An Ex Parte Hearing Extends Also To Without Prejudice Correspondence

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In a recent decision of the Cypriot Court of Appeal in COMMERZBANK –V- ADEONA, it has been inter alia held that the duty of disclosure of an applicant to an ex parte application, extends also to the without prejudice correspondence of the relevant parties.

The Cypriot Court followed the relevant legal principles adopted in the English case LINSEN INTERNATIONAL LTD –V- HUMPUSS SEA TRANSPORT PTE LTD (2010) EWHC 303.

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