In JSC Mezhdunarodniy Promyshlenniy Bank v Pugachev, Mr Justice Mann continued a worldwide freezing order in a case which illustrates the challenge of both establishing material non-disclosure by the claimant and persuading the court that it should discharge the freezing order as a result. The claimants (a Russian bank and Russian state organisation responsible for … Continue reading Whether deficiencies in evidence and material non-disclosure will lead to discharge of freezing order

What is the appropriate costs order when some allegations of contempt have been proved, but not all? In PJSC Vseukrainskyi Aktsionernyi Bank v Maksimov, Hamblen J was faced with a finding of contempt that had been admitted from the outset and another finding of contempt which he thought proven but “technical”, but several other allegations … Continue reading Cost consequences following findings of contempt

In Joint Stock Company Ukrisbbank v Polyakov, Mr Justice Blair discharged a worldwide freezing injunction granted under section 25 of the Civil Jurisdiction and Judgments Act 1982 (“CJJA”) in support of proceedings in the Ukraine on the basis that the claimant had not shown a good arguable case that it would get judgment against the … Continue reading Discharge of worldwide freezing injunction granted in support of foreign proceedings where underlying litigation exhausted

The claimant in Filmflex Movies Ltd v Piksel Ltd issued an application seeking a mandatory interim injunction for the delivery up to it of source code (which had been used to develop software for video on demand technology) on the basis that it was contractually entitled to the same (the “Application”).  The claimant claimed that … Continue reading The “Interim interim” injunction

In AmTrust Europe Ltd v Trust Risk Group SpA, the claimant sought an interim mandatory injunction requiring the defendant to pay €32 million into a trust account.  The defendant challenged the jurisdiction of the court.  There were two separate different agreements between the parties with differing provisions as regards jurisdiction and arbitration.  Mr Justice Blair … Continue reading Commercial Court grants mandatory injunction where conflicting agreements on jurisdiction and arbitration

The Law Commission has published its Final Report on Rights to Light and a draft Rights to Light (Injunctions) Bill, setting out its recommendations on this challenging area of law. Its recommendations seek to put in place procedures: allowing land owners to be notified if a neighbour intends to seek an injunction to protect their rights … Continue reading Rights to light reform: Law Commission publishes final report and draft Rights to Light (Injunctions) Bill

On 4 December 2014, Advocate General Wathelet of the Court of Justice of the European Union delivered an Opinion in the Gazprom case to the effect that the Brussels Regulation does not compel the courts of an EU Member State to refuse to enforce an arbitral award which contains an anti-suit injunction on the basis … Continue reading Advocate General’s Opinion in the Gazprom case: implications of the Recast Brussels Regulation for anti-suit injunctions in arbitral awards