The expense of international commercial fraud litigation has encouraged many litigators, in the last decade or so, to employ what might be called “sanction-focused litigation” where the focus is not necessarily on proceeding to a full trial of the action but on asserting (appropriate) pressure on the defendant through court-ordered sanctions for disobedience to court … Continue reading The use of contempt and other sanctions in modern commercial fraud cases

For the first time, an appellate court has given clear guidance on the applicable principles for the assessment of damages under a cross-undertaking in damages. In Hone v Abbey Forwarding Ltd, the Court of Appeal considered a claim for compensation in relation to a freezing injunction that had been wrongfully obtained. At first instance, HHJ … Continue reading Approach to assessment of damages pursuant to a cross-undertaking

The recent decision of the Court of Appeal in Bank St Petersburg OJSC v Vitaly Arkhangelsky is a rare example of an English court granting an anti-enforcement injunction to enjoin a party from enforcing a foreign judgment, albeit on an interim basis. The starting point for the decision was in Russia, where the claimant obtained … Continue reading The Court of Appeal grants rare anti-enforcement injunction

In Lakatamia Shipping Co Ltd v Nobu Su and others, a worldwide freezing order obtained by the claimant against the defendants stated: The defendants must not: Remove from England and Wales any of their assets which are in England and Wales up to the value of US$ 48,824,440.24; or In any way dispose of, deal … Continue reading Freezing assets of non-defendant companies of which a defendant is a shareholder/director

Cosmetic Warriors Ltd v Amazon.co.uk Ltd concerned the form of injunction granted in a trademark infringement case in the context of keyword use.  Amazon had been held to have infringed the community trade mark (“CTM”) LUSH (that also being the trading name of Cosmetic Warriors) via its use of the keyword LUSH in sponsored adverts … Continue reading Form of injunctive relief to be imposed in trade mark infringement case