On 23 October 2018, the Court of Appeal handed down a judgment granting an interim injunction to restrain a newspaper from publishing information that may have been procured in breach of a Non-Disclosure Agreement. In doing so, it allowed the Claimants’ appeal and overturned the decision of the lower court. The decision is reported under … Continue reading Interim injunction granted to restrain a newspaper from publishing information that may have been procured in breach of a Non-Disclosure Agreement

In CMOC Sales & Marketing Limited v Persons Unknown & 30 Others [2018] EWHC 2230 (Comm), the High Court confirmed that it has jurisdiction to grant a worldwide freezing injunction against “persons unknown”. This is the first reported judgment regarding this relief which refers to the Court having granted an interim worldwide freezing order against … Continue reading Court confirms that a Worldwide Freezing Injunction can be granted against “persons unknown”

Discharge of freezing injunction; application discharged when significant piece of information during without notice application was not disclosed Fundo Soberano De Angola (“FSDA”), the sovereign wealth fund of the Republic of Angola, and seven of its subsidiaries applied for the continuation of a worldwide freezing and proprietary injunction against Jose Filomeno Dos Santos & 20 … Continue reading Fundo Soberano De Angola and others v Santos and others (2018) EWHC 2199 (Comm)

Application for continuation of a freezing injunction; application discharged when significant piece of information during without notice application was not disclosed Galagaev & Ors (“Galagaev”) had been investors in a Russian bank and applied for the continuation of a freezing order in the High Court against the defendants Ananyev & Ors (“Ananyev”), which had been … Continue reading GALAGAEV & ORS v ANANYEV & ORS (2018) QBD (Comm)

Taveta Investments Limited (“Taveta”) – the parent company of Arcadia Group Limited, which owns a number of high street brands including Topshop, Topman and Miss Selfridge and which used to own the BHS group prior to its collapse in 2015 – applied to the High Court for a continuation of interim restrictions on the publication … Continue reading Application for the continuation of interim publication restrictions imposed on the Financial Reporting Council refused; stricter public law test for interim relief applied

In SDI Retail Services Ltd v King and others [2018], the applicant, a provider of replica football kit and other branded merchandise to Rangers football club, successfully applied for an interim injunction preventing Rangers from entering into another agreement with a third party provider. On the applicant’s case, by entering such an agreement Rangers would … Continue reading Interim injunction granted preventing football club from contracting with an alternative merchandise provider

In UTB, LLC v Sheffield United Ltd 2018, the High Court considered whether it was able to grant an interim injunction to compel one shareholder (A) to pay a sum of money to maintain, as a going concern, the company in which both it and another party (B) had substantial shareholdings. The two 50% shareholders … Continue reading COURT HAS JURISDICTION TO ORDER SHAREHOLDER TO PAY SUM TO PRESERVE COMPANY AS A GOING CONCERN

In PJSC Tatneft v Bogolyubov and others [2018], the defendant (‘D’) applied to vary the terms of a worldwide freezing order to provide that an asset list that he had previously disclosed would constitute the only asset disclosure that he would be required to provide, despite it not being comprehensive. The basis for the application … Continue reading COMMERCIAL COURT REINFORCES THE REQUIREMENT OF FULL DISCLOSURE OF ASSETS FOR FREEZING ORDERS

In Cartier International AG v British Telecommunications, the Supreme Court decided that Internet Service Providers (“ISPs”) should not have to bear the cost of complying with website blocking injunctions to block access to websites infringing a rights-holder’s trade marks. Interestingly, this decision is the first one confirming the availability of blocking orders against websites infringing … Continue reading CARTIER INTERNATIONAL AG & ORS (Respondents) v BRITISH TELECOMMUNICATIONS PLC & ANOR (Appellants) (2018)

The claimant, a recruitment agency specialising in the supply of nursing staff to NHS hospitals, sought an interim injunction against a former employee and competitor companies to prevent further alleged breaches of confidentiality obligations and post-termination restraints. The first defendant was a senior recruitment consultant, employed by the claimant. During the four years in which … Continue reading Interim Injunction granted to prevent further breaches of an employee’s non-compete contractual provisions ahead of trial

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