In Candy and others v Holyoake and another, the Court of Appeal ruled that a wide-ranging “notification injunction” granted by the High Court last year was not a distinct type of injunction.  It was, in effect, a modified version of a freezing order, and the same test of risk of dissipation of assets applied as … Continue reading Court of Appeal rules wide-ranging “notification injunction” is not a distinct type of injunction

In Khrapunov v JSC BTA Bank, the Court of Appeal has ruled that a third party who helped a defendant dissipate his assets in breach of a worldwide freezing order and receivership order is liable for conspiracy to injure by unlawful means.  Contempt of court for breach of the court order qualified as the requisite … Continue reading Court of Appeal rules contempt of court constitutes “unlawful means” in claim for conspiracy to injure

In Aline Tramp SA v Jordan International Insurance Company (CL-2016-000263) and The London Steam-Ship Owners’ Mutual Insurance Association Limited v Jordan International Insurance Company (CL-2016-000264), a Claimant vessel owner and insurer sought anti-suit injunctions, on the basis of an arbitration clause and a purported exclusive jurisdiction clause respectively, where proceedings relating to damaged cargo had … Continue reading Hamburg Rules on jurisdiction not a block to an anti-suit injunction

In Frederic Marino v FM Capital Partners Ltd, the Court of Appeal upheld a decision not to vary a proprietary freezing order to allow the defendant recourse to proprietary assets in order to meet his living and legal expenses.  The case can be viewed as a restatement of the principle that the subject of a … Continue reading Court of Appeal refuses request to vary freezing order to meet living and legal expenses

In Ramilos Trading Limited v Valentin Mikhaylovich Buyanovsky, the High Court rejected the applicant’s request for a Norwich Pharmacal Order (“NPO”).  In rejecting the application, Mr Justice Flaux analysed a number of independent elements that must be present in order to grant an NPO, culminating in a significant judgment which both clarifies existing ambiguities while … Continue reading Role of Norwich Pharmacal relief in foreign proceedings and new threshold test for determining if “wrongdoing” has occurred

Two years ago, Olswang’s Litigation and Intellectual Property teams started The Injunctions Blog to monitor every significant judgment relating to injunctions. This has been another full year of such judgments, emanating from all areas of litigation including intellectual property, fraud, media, arbitration and employment, all covered on our blog.  We have prepared a note setting … Continue reading Injunctions: the top 10 cases of 2016

In Govia GTR Railway Limited v The Associated Society of Locomotive Engineers and Firemen, the Court of Appeal (“CA”) upheld the High Court’s decision to reject an application by GTR, the owners of the franchise running Southern Rail, for an interlocutory injunction to prevent ASLEF, the train driver’s union, from calling strike action for a … Continue reading Court of Appeal rejects interim injunction application to prevent Southern Rail strikes on the grounds they would breach European law

The European Account Preservation Order (“EAPO”) Regulation will apply in EU Member States other than the UK and Denmark on 18 January 2017.  The Regulation provides creditors with the opportunity to freeze assets in participating Member States on the basis of a single application, and provides creditors with an opportunity to obtain information regarding a … Continue reading European Account Preservation Order Regulation will apply from 18 January 2017

The High Court’s recent decision in Gerald Metals SA v Timis and others may make the concept of emergency arbitration less attractive to parties.  The decision suggests that a party will not be able to seek emergency relief from the courts where the system of rules set out in an arbitration agreement provides for emergency … Continue reading Risk that court sanctioned injunctive relief may not be available where emergency arbitrators are available

The judgment of Lord Justice Longmore in Kazakhstan Kagazy plc and others v Zhunus and others helpfully explains that a freezing injunction may be granted in cases where a cause of action does not yet exist, provided it is possible to issue proceedings for the relief in aid of which the injunction is sought (as … Continue reading Court of Appeal decides that freezing injunction can be granted in aid of a contribution notice

A blog to report on the important and developing area of the law as it relates to injunctions