In Liberty Mercian Ltd v Cuddy Civil Engineering Ltd, the Technology & Construction Court demonstrated it is prepared to be flexible when ordering specific performance. One of the factors the court takes into account in considering whether to grant specific performance is whether the performance is possible. Here, the relevant performance was found to be … Continue reading Grant of equivalent specific performance by way of payment into court

In the recent decision in Anglian Windows Limited v Anglian Roofline Limited (reported on Lawtel here), Judge Richard Hacon sitting in the Intellectual Property Enterprise Court re-affirmed the American Cyanamid principles for the grant of interim injunctions in trade mark infringement cases. In this case, a long-established and successful home improvements business trading as “Anglian … Continue reading IPEC re-affirms American Cyanamid principles in trade mark infringement cases

In Les Laboratoires Servier v Apotex, the Supreme Court has ruled on the availability of the defence of illegality (“ex turpi causa non oritur actio”; from a dishonourable cause an action does not arise) in the context of a patent dispute, and in particular whether it barred the recovery of damages under a cross-undertaking where … Continue reading Does the defence of illegality bar the recovery of damages under a cross-undertaking?

In Novartis Pharmaceuticals v Stop Huntingdon Animal Cruelty, Mrs Justice McGowan granted an injunction against “persons unknown” under the Protection from Harassment Act 1997. This was the first time such an injunction was granted against “persons unknown” to restrain possible acts of harassment. Injunctions against “persons unknown” were developed in the early 2000s, first in … Continue reading “Persons unknown” in harassment proceedings

On 27 October 2014, the High Court rejected HM Treasury’s (“HMT”) application to lift the automatic suspension of a public contract before it was entered into under regulation 47G of the Public Services Regulations 2006. The proceedings were brought by Edenred (UK Group) Limited and challenged HMT’s decision that the Government’s new tax free childcare … Continue reading High Court dismisses application to lift automatic suspension in procurement action

Copyright holders have secured another victory in their battle against infringing file-sharing sites in 1967 Ltd v British Sky Broadcasting Ltd.  Applying the principles set out in his recent judgment in Cartier v BSkyB (full judgment available here), Arnold J granted an order under section 97A of the Copyright, Designs and Patents Act 1988 requiring … Continue reading High Court applies Cartier v BSkyB principles to copyright infringement case

The recent Court of Appeal decision of Sunrise Brokers LLP v Rodgers is a helpful decision for employers seeking to hold errant employees to their notice periods without having to pay them in circumstances where they are unwilling to work. Rodgers was employed by Sunrise as a UK-based broker on an initial three year fixed-term, … Continue reading Injunction would not have effect of compelling employee to work

Cartier International AG and others v British Sky Broadcasting Ltd and others was a test case in which the court held that trademark holders may be granted site-blocking injunctions against internet service providers (“ISPs”). In the judgment, Mr Justice Arnold considered the nature of the court’s jurisdiction to award injunctive relief and concluded that the … Continue reading Cartier v BSkyB: court considers scope of jurisdiction to make injunctions

In U&M Mining Zambia v Konkola Copper Mines, the Commercial Court continued a worldwide freezing injunction in support of sums awarded by a London arbitration tribunal despite “serious and numerous” breaches of the claimant’s duty to give full and frank disclosure. Mr Justice Teare considered that the nature of the breaches suggested that the appropriate … Continue reading Worldwide freezing order in support of arbitral award continued despite “serious and numerous” breaches of duty to give full and frank disclosure

In Energy Venture Partners v Malabu Oil and Gas, the Court of Appeal considered for the first time the question of what is the appropriate test to apply when determining whether fortification of the cross-undertaking in damages should be provided. This is a case and an appeal with an odd and long procedural history, almost … Continue reading The test whether to order fortification of the cross-undertaking in damages