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

In PJSC Tatneft v Bogolyubov and others, Mr Justice Picken granted an application for the discharge of a worldwide freezing order previously obtained by the claimant, PJSC Tatneft, against the four defendants.  The application to discharge was brought on the basis that Tatneft’s claim did not amount to a “good arguable case” and/or that there … Continue reading High Court confirms meaning of “good arguable case” test for freezing orders and “risk of dissipation” in context of fraud claims

In R (Interim Executive Board of X) v Ofsted, Mr Justice Stuart-Smith upheld an interim injunction restraining the publication of a negative Ofsted school report, finding there was plausible evidence it could cause widespread and irreparable damage.  The High Court decided that the claimant had established pressing grounds and a pressing social need in exceptional … Continue reading Injunction preventing the publication of Ofsted report upheld pending judicial review application

Following the Supreme Court’s decision on 19 May 2016 to uphold the PJS injunction preventing the media from naming the celebrity and their partner involved in an alleged threesome at the end of 2011, the High Court has approved an agreed final order in the action for breach of confidence and misuse of private information. … Continue reading High Court makes final order as parties agree settlement in “celebrity threesome” injunction case: PJS v Newsgroup Newspapers

In Heythrop Zoological Gardens Limited (t/a Amazing Animals) and another v Captive Animals Protection Society, the Intellectual Property Enterprise Court refused to grant an interim injunction preventing publication of photographs and videos taken by animal rights campaigners.  It held there was an insufficient likelihood that the claimant zoo would obtain a final injunction at trial … Continue reading IPEC refuses to grant interim injunction against animal rights campaigners

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