Where a freezing injunction had been discharged by consent, a court exercising its discretion as to whether to enforce the grantee's undertaking in damages had to determine whether the injunction had been wrongly granted or not, and had to consider all the facts of the case known at the time of the hearing to determine whether to exercise its discretion and award damages. There were special circumstances justifying a refusal to enforce the undertakings made by the grantee in the instant case.

[2005] EWHC 2966 (QB)

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