In Cadogan Petroleum Ltd and others v Tolley and others [2009] EWHC 2527 (Ch ) it was held that the court may permit information provided in cross-examination by a respondent to a freezing injunction to be used as evidence at trial. In reaching this decision, the court followed the approach in Dadourian Group International Inc and others v Simms and others [2006] EWCA Civ 1745 ( ; namely, that the relevant test for the court is, on the basis of all the circumstances of the case, whether it is just and convenient for the information to be so used.

This decision is important to all those who are ordered to make disclosure under a freezing order, and their legal advisors.