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Keeping the peace at Christmas – top tips for shared parenting over the festive season
Lauren Evans
In 2025, two High Court rulings, Apollo XI Ltd v Nexedge Markets Ltd and J&J Snack Foods Corp & ICEE Corp v Ralph Peters & Sons Ltd highlighted the strict nature of the duty of full and frank disclosure in without notice applications.
In both cases, the court discharged freezing injunctions after finding that the applicants had failed to meet the requisite standard of candour and fair presentation. These decisions serve as a clear reminder that when seeking urgent relief without notifying the other party, applicants must present all material facts - including those that may undermine their case, and ensure the court receives a balanced and accurate account.
Where the identity of a person or group of people responsible for a fraud is not known, the courts have recognised that it may be appropriate in certain circumstances to allow a claimant to issue proceedings and obtain an injunction (both interim and final) against such individuals. These injunctions are referred to as “persons unknown injunctions” and they have become increasingly prominent in recent years.
One of the most alarming aspects of falling victim to fraud is knowing where to start. It is very common for a victim to know almost nothing about what has happened, except for the fact that they have been scammed and the assets have gone. However, there are options available even if you don’t know the identity of the fraudster and the assets have, apparently, disappeared.
In cases of fraud, the first 24 to 48 hours can determine whether stolen assets are recoverable or not. Fraudsters are often sophisticated, moving funds through multiple accounts, jurisdictions, or even converting them into cryptocurrency within hours. It is important to have a plan so that you understand the immediate steps you would take in the event of fraud, as delay can mean that your assets are dissipated and recovery becomes difficult.
This quarterly civil fraud update provides a summary of reported decisions handed down in the courts of England and Wales in the period of July - September 2025.
Lauren Evans
Roberta Draper
Christopher Perrin
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