In Spliethoff’s Bevrachtingskantoor BV v Bank of China Limited, the Commercial Court confirmed it had no residual discretion to refuse to enforce Chinese judgments in England where the claimant had submitted fully to the Chinese jurisdiction, even where the judgments had been obtained in breach of arbitration clauses and anti-suit injunctions. Facts The claimant entered … Continue reading No residual discretion as to whether a foreign judgment should be enforced following submission to the foreign jurisdiction

In Kazakhstan Kagazy plc v Baglan Zhunus, the Commercial Court held that there is an urgent need for commercial practitioners to bring a sense of proportion to large claims involving emergency without notice freezing orders and heavy interlocutory applications and set out various guiding principles to deal with this issue. The case serves as a … Continue reading Court sets out guiding principles for parties dealing with large claims involving without notice emergency freezing orders and heavy interlocutory applications

On 26 March 2015, the Lord Chief Justice, Lord Thomas, issued a new Practice Direction on Committal for Contempt of Court. The Practice Direction, which is expressed as applying to all proceedings for committal for contempt of court, explains how the principle of open justice (the general rule that hearings should take place and judgments … Continue reading New Practice Direction on Committal for Contempt of Court

On 6 April 2015, the power of Masters and District Judges in the High Court to grant injunctions was significantly extended. This is the effect of amendments to Practice Direction 2B to the Civil Procedure Rules, which deals with the allocation of cases to different levels of the judiciary. The amendments removed paragraphs 2.2 to … Continue reading Power of High Court Masters and District Judges to grant injunctions significantly extended

In Bristol Missing Link Ltd v Bristol City Council, the Hon. Mr Justice Coulson has outlined his reasons for refusing an application by Bristol City Council (the “Council”) to lift the suspension on its award of a contract pending resolution of a procurement dispute. The claimant in the main proceedings, Bristol Missing Link Limited (“BMML”), … Continue reading High Court refuses to lift suspension on award of contract for domestic abuse support services

On 27 March 2015, the UK Competition and Markets Authority (“CMA”) published a summary of a decision rejecting a request for interim measures in the context of the CMA’s Visa interchange fees investigation (see here). Worldpay, a provider of provider of payment services to merchants, sought a direction pursuant to section 35 of the Competition … Continue reading CMA decision to reject request by Worldpay UK for interim measures in Visa interchange fees investigation

In Impala Warehousing and Logistics (Shanghai) Co Ltd v Wanxiang Resources (Singapore) Pte Ltd, the High Court held that the fact that a judgment would not be enforceable in a particular foreign country could sometimes constitute a strong reason not to grant an anti-suit injunction. The case concerned an alleged major fraud whereby goods stored … Continue reading Unenforceability in a particular country may be a “strong reason” not to grant an anti-suit injunction

In Warwickshire County Council v Matalia, Warwickshire County Council was granted an injunction by the High Court to prevent the defendant, Mr Matalia, from publishing information about the Birmingham 11 + exam to a website registered to him. The Council sought the injunction on the grounds of breach of confidence and/or under section 222 of … Continue reading Injunction granted to prevent publication of information about 11+ exam

In Okritie International Investment Management v Gersamia, Eder J committed the two respondents to prison for contempt, and endorsed a useful summary of the case law setting out when a custodial sentence is appropriate. Vladimir Gersamia and Olessia Jemai had both been involved in a substantial fraud against the applicants. In the judgment in the … Continue reading Guidance on imprisonment for contempt of court

The importance of providing full and frank disclosure in without notice applications was recently evidenced in the case of YXB v TNO. As a result of the claimant’s material non-disclosure, the High Court discharged orders granted in the claimant’s favour and denied a privacy injunction for the future. The claimant, a Premier League footballer, had … Continue reading Premier League footballer’s injunction overturned owing to lack of full and frank disclosure