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

In Asia-Pacific Trading Pte Ltd (formerly known as Toepfer International Asia Pte Ltd) v PT Budi Semesta Satria, the High Court held that delay on the part of the applicant could be adequate cause for refusing an anti-suit injunction, even where the respondent acknowledged there was an arguable case that it had breached an arbitration … Continue reading High Court refuses anti-suit injunction based on arbitration clause due to delay

In Tommy Hilfiger Licensing LLC and others v Delta Center a.s., the Court of Justice of the European Union (“CJEU”) ruled that injunctions available against intermediaries under the Enforcement Directive (Directive 2004/48 on the enforcement of intellectual property rights) can apply to physical marketplaces in the same way as online marketplaces. Background Tommy Hilfiger, Urban … Continue reading CJEU rules injunctions to apply to physical marketplaces

In Rudolfs Meroni v Recoletos Limited, the Court of Justice of the European Union (“CJEU”) considered whether an English freezing injunction affecting third parties was contrary to public policy under the 2001 Brussels Regulation (Regulation 44/2001) and therefore unenforceable.  Under Article 34 of the Regulation, a judgment of an EU Member State court (which includes … Continue reading CJEU considers whether freezing injunctions affecting third parties are contrary to public policy

In Napp Pharmaceutical Holdings Ltd v Dr Reddy’s Laboratories (UK) Ltd and Sandoz Limited, Arnold J refused to grant a final injunction against the defendants, who were proposing to launch generic seven-day analgesic transdermal patches in competition with a patented Napp product already on the market.  The marketing authorisations sought by both defendants relied on … Continue reading Injunction refused in quia timet patent infringement case where infringement would be de minimis; however interim injunction granted pending appeal

In Holyoake and another v Candy and others, the High Court has granted the first stand-alone “notification injunction” (or notification order), which can be viewed as a less invasive alternative to a freezing injunction.  A notification injunction requires a defendant to give notice to a claimant before disposing of or dealing with particular assets where … Continue reading High Court grants first stand-alone notification injunction

The Court of Appeal has today handed down its judgment in Cartier International AG and others v British Sky Broadcasting Limited and others, refusing an appeal against an order requiring internet service providers (“ISPs”) to block websites offering counterfeit goods. Cartier and the other Claimants sought an injunction against the five main ISPs in the … Continue reading Cartier and others v BSkyB and others: Court of Appeal upholds website blocking injunction against internet service providers

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