In AMM v News Group Newspapers, the High Court has granted a privacy injunction to restrain the Sun on Sunday publishing information about a sexual relationship that the applicant, an individual, had in 2011. The Sun on Sunday had undertaken to the applicant not to publish the information within seven days but refused to give … Continue reading First privacy injunction against the media since January 2013
Golden Endurance Shipping SA v RMA Watanya SA gives clarity on the important jurisdiction to grant anti-suit injunctions. Burton J in his judgment makes clear that no separate jurisdictional gateway is required, providing the injunction is ancillary to claims where English jurisdiction is established. The case concerned damage to a cargo of wheat bran pellets … Continue reading A separate jurisdictional gateway is not required to grant an anti-suit injunction, provided the injunction is ancillary to a substantive action that attracts English jurisdiction
In Inplayer Ltd (formerly Invideous Ltd) and others v Thorogood the Court of Appeal overturned two convictions for contempt against the first defendant on the basis of procedural irregularities. The first defendant had been a director and a minor shareholder of the first claimant, subject to a shareholders’ agreement. He had left and set up … Continue reading Court of Appeal overturns committal for contempt for alleged breaches of an injunction on the basis of procedural irregularities
The Court of Appeal has handed down a ruling in conclusion to the patent dispute between Adaptive Spectrum and Signal Alignment Inc (“ASSIA”) and British Telecommunications plc (“BT”). The case concerned alleged infringement by BT of ASSIA’s European Patents relating to DSL (broadband) technology. Having found infringement of two patents and granted an injunction, the … Continue reading Stay of injunction in patent infringement dispute
Advocate General Wathelet has issued an Opinion to the Court of Justice of the EU in Huawei Technologies Co. Ltd v ZTE Corp., ZTE Deutschland GMBH on whether the proprietor of a standard essential patent (“SEP”) who has informed a standardisation body that he is willing to grant any third party a licence on fair, reasonable … Continue reading Does an injunction application against a patent infringer constitute abuse of a dominant position?
The High Court has handed down a further judgment in the aftermath of Cartier v BSkyB, where Arnold J had granted orders requiring Internet Service Providers (ISPs) to block several websites selling counterfeit goods. The latest ruling concerns the precise wording of those orders, specifically regarding the blocking of IP addresses which might affect other … Continue reading Cartier v BSkyB: court rules on wording of website blocking order
The freeze jurisdiction of the English Court is wide and claimant-friendly. That has led to a trend in recent years of an exploration of the outer limits of the jurisdiction by claimants seeking to gain its benefits. Cruz City 1 Mauritius Holdings is another example of this exploration. The question was whether the Chabra jurisdiction … Continue reading Exploring the limits of the Chabra jurisdiction in arbitration cases
A company is obliged to do or not do something by an injunction but acts in breach of the injunction. In these circumstances what is the liability in contempt of a director of that company? The issue was considered by Hamblen J in the case of Ipartner v Panacore. In this case a number of … Continue reading Issues on contempt