In Jbarco Investments Ltd v Omar, the High Court highlighted the importance of the “just and convenient” test to the grant of an injunction. Although the judge discharged a freezing order because there was no risk of the defendant dissipating her assets, he suggested obiter that, even if he had found there to be a … Continue reading Court emphasises importance of “just and convenient” test to grant of injunction

With so many businesses operating across borders, the ability to obtain interim relief on a pan-European basis is an extremely powerful remedy. However, brand owners should consider shopping around for the most favourable forum. The infringement of a registered trademark can cause irreparable damage to the reputation, image and value of a brand, over and … Continue reading Overview of interim relief in trademark actions across Europe

In Shipowners’ Mutual Protection and Indemnity Association (Luxembourg) v Containerships Denizcilik Nakliyat Ve Ticaret AS, the Commercial Court continued an anti-suit injunction restraining the defendant charterers from commencing or continuing proceedings in Turkey against the claimant P&I Club, in breach of a London arbitration clause in the insurance contract between the Club and the owners … Continue reading Anti-suit injunction granted against “victim” attempting to take advantage of foreign direct action laws

In Alfa Finance Holding AD v Quarzwerke GmbH, the High Court considered whether to grant specific performance (a type of mandatory injunction) of a clause in an agreement between the parties which gave the claimant a right of access to various documentation. On 31 December 2012, the parties entered into an agreement whereby the defendant … Continue reading Court grants order for specific performance and confirms some general principles in relation to injunctions

We have reported in previous blog posts (here, here, here and here) on cases involving the automatic suspension provisions introduced by the Public Contracts (Amendment) Regulations 2009, which implemented the new public procurement Remedies Directive. By way of reminder, under the new rules, a standstill period of at least 10 to 15 calendar days must … Continue reading Pirbright Institute successful in lifting automatic suspension on award of IT contract

In Orb A.R.L. v Ruhan, Mr Justice Cooke denied the claimants’ application to serve four proposed additional defendants out of the jurisdiction and to obtain an injunction against those defendants. He held that the claimants’ earlier “over-recovery” in respect of any wrong doing, and failure to disclose this recovery, were enough to deny permission for … Continue reading Judge criticises “extraordinary” actions of claimants who failed to come to equity with clean hands

In Vitol SA v Morley, the Commercial Court refused an application that a defendant which was subject to a worldwide freezing order bring a sum of money into the jurisdiction to pay into court. The claimant alleged that the defendant had paid sums to a company connected with it (the “Company”) despite its position that … Continue reading Court refuses claimant’s application that defendant bring monies into the jurisdiction

The UK Government’s Department for Business, Innovation and Skills (“BIS”) has published a consultation on proposed revisions to the Competition Appeal Tribunal (“CAT”) rules of procedure (the “CAT Rules”). The amendments to CAT Rules have been made in the context of wider competition reforms in the UK and in particular in light of the Consumer … Continue reading The Competition Appeal Tribunal’s power to grant injunctions

Following the Court of Appeal’s judgment in popstar Rihanna’s passing off claim against Arcadia Group (the owners of Topshop), the court has also dismissed Arcadia’s appeal on costs. In deciding that Arcadia should pay Rihanna’s costs – estimated at £1 million – the Court of Appeal rejected the appellants’ arguments that the level of costs … Continue reading Court of Appeal dismisses Arcadia’s appeal on costs in Rhianna and Topshop case

In considering the claimant’s application for leave to appeal the first instance decision in Joint Stock Company Ukrisbbank v Polyakov, Lord Justice Longmore expressed serious doubt as to whether freezing injunctions which are granted in support of foreign proceedings should be “left in the air” once a determination by the highest court is made in … Continue reading Court of Appeal expresses serious doubt as to whether injunctions granted in support of foreign proceedings should be “left in the air” once the highest court has made a determination in those proceedings