Kazakhstan Kagazy Plc and others v Arip

Practice – Pre-trial or post-judgment relief. The claimants had been granted a freezing injunction in respect of an alleged fraud perpetrated by the defendants. The second defendant had tried, unsuccessfully, to have it discharged. The Court of Appeal, Civil Division, dismissed the defendant's appeal and the claimants' cross-appeal. The issue of the claim being time-barred under Kazakh law could not have been dealt with on an interlocutory application and the judge had had a wide discretion to have made the findings that he had in respect of alleged non-disclosure of facts by the claimants. Further, the judge had been correct to have found that the first claimant had not had a good arguable case of its own based on the principle of reflective loss.

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