A judgment in the claim of Affinity Financial Awareness Ltd and anr v Ferguson and ors tantalisingly suggests that we may finally have a decision on enforceability of post-termination restrictive covenants against self-employed contractors.  The full hearing is listed for November 2016 and, absent pre-trial settlement within the next month, the court’s decision may prove … Continue reading Potential for clarity on enforceability of post-termination restrictions against consultants

In Gerald Metals SA v Timis, Mrs Justice Rose granted an on notice application under CPR 25.1(1)(g) requiring the provision of information about assets that might be the subject of a freezing order.  In doing so she confirmed there was no reason to depart from the two stage test applied in previous case law: Has … Continue reading Court confirms approach to CPR 25.1(1)(g) application for information on assets

In McFadden v Sony Music Entertainment Germany GmbH, the Court of Justice of the European Union (“CJEU”) has ruled that providers of free WiFi networks are not liable for copyright infringement committed by third parties using their network. Background Tobias McFadden owned a lighting and sound system store and, using the services of a telecommunications … Continue reading CJEU rules provider of free WiFi not liable for copyright infringement by network users

On 8th September 2016, Mr Justice Arnold handed down his decision in Fujifilm Kyowa Kirin Biologics Co Ltd. v AbbVie Biotechnology Limited and AbbVie Limited, refusing to strike out or summarily judge Fujifim’s claims for an Arrow declaration and anti-suit injunction against AbbVie Bermuda and its UK subsidiary AbbVie UK (collectively “AbbVie”).  The case has … Continue reading High Court refuses to strike out claim for Arrow declaration and anti-suit injunction

In AB Bank Ltd v Abu Dhabi Commercial Bank PJSC, the Commercial Court set aside a Norwich Pharmacal Order (“NPO”) made against a bank in the UAE on the basis that the court had no jurisdiction to serve the order on the bank out of the jurisdiction because none of the permitted jurisdictional gateways under … Continue reading Commercial Court refuses to permit service of Norwich Pharmacal Order out of the jurisdiction

In Cyprus Popular Bank Public Co Ltd v Vgenopoulos and others, the High Court held that a claimant who had obtained an order for the registration of a foreign judgment had no absolute entitlement to protective measures (in the form of a domestic freezing order) under Article 47 of the 2001 Brussels Regulation.  The High … Continue reading No absolute entitlement to domestic freezing order as protective measure when appeal pending against registration of foreign judgment

Ottercroft Ltd v Scandia Care Ltd and Rahimian, a recent decision of the Court of Appeal, reinforces the principle that where a defendant acts high-handedly and breaches undertakings, the court is more likely to grant a mandatory injunction even if the infringement is minor.  This is to serve as a lesson to others.  The case … Continue reading Injunctions and rights to light

In Cyprus Popular Bank Public Co Ltd v Vgenopoulos and others, the High Court held that a freezing order granted by another EU Member State does not become immediately fully effective and enforceable once a registration order is made by the English court.  It becomes enforceable only if no appeal is brought in respect of … Continue reading Foreign freezing order cannot be enforced within the jurisdiction until any appeal against registration of the order is determined

Using the principles established in recent cases related to online anonymous defamation, the High Court has granted an injunction and damages of £10,000 against persons unknown responsible for anonymous defamatory material (Smith v Unknown Defendants). The claimant writes the “Matthew Hopkins: The Witchfinder General” blog and is a former borough councillor in Welwyn Hatfield.  The … Continue reading High Court grants relief against persons unknown in online libel case

A short judgment from Mr Justice Henderson on 22 July 2016 in the case of Haederle v Thomas, is a reminder of the importance of “crossing every T” when it comes to the wording of freezing injunctions, not least if one wishes for the injunction to carry a criminal sanction. In this case Mr Haederle … Continue reading Minor but uncorrected error in freezing injunction defeats committal application

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