In a further judgment in the Pugachev litigation (see our previous post here), Mr Justice Hildyard considered the following questions: whether a defendant who had been ordered to face cross-examination on his assets disclosed pursuant to a freezing order should be ordered to pay the costs of the cross-examination itself, and if so whether on … Continue reading Guidance on costs of cross-examination on assets disclosed pursuant to a freezing order

In Warner-Lambert LLC v Actavis Group Ptc EHF and others v Secretary of State for Health, the Court of Appeal widened the test for Swiss form patent claims, but upheld the High Court’s decision to refuse an interim injunction intended to prevent the supply of a drug for non-patented indications. The facts The patentee claimant … Continue reading Court of Appeal widens test for Swiss Form Claim but refuses grant of interim injunction

The Commercial Court has granted an anti-suit injunction against a claimant in Ardila Investments NV v ENRC NV and another. The case concerned a dispute regarding payment obligations arising from a share purchase agreement (“SPA”) which contained a non-exclusive jurisdiction clause in favour of the English courts. Ardila had sought payment from ENRC of US$220 million … Continue reading Commercial Court grants anti-suit injunction where “vexatious interference with the due process of the court”

On 12 June 2015, the Chancellor of the High Court approved the Chancery Division’s guidance for Masters on the grant of injunctions and other interim relief. This follows the implementation of changes to Practice Direction 2B to the Civil Procedure Rules, which significantly extended the power of High Court Masters and District Judges to grant … Continue reading New guidance for Chancery Masters on the grant of injunctions in light of the changes to Practice Direction 2B

In Allfiled UK Ltd v Eltis and others, the High Court granted a bespoke interim injunction to protect confidential information and intellectual property.  In doing so, it considered the application of the American Cyanamid test where it was argued that the grant of an interim injunction would effectively dispose of the action. Facts The applicant … Continue reading Bespoke interim injunction to protect confidential information and IP

In SwissMarine Corporation Ltd v OW Supply & Trading A/S (in bankruptcy) the Commercial Court has rejected an application for an anti-suit injunction and ruled that proceedings brought regarding the applicability of foreign (here Danish) insolvency regimes to a contractual relationship will not constitute proceedings brought in relation to the rights and obligations that the … Continue reading Anti-suit injunctions and foreign insolvency proceedings

In Petter v EMC Europe Ltd and another, Mr Justice Cooke refused to grant an anti-suit injunction restraining the defendant from continuing proceedings before the US court, even though he found that the English court also had jurisdiction over the dispute under the provisions relating to employment contracts in the Recast Brussels Regulation. The facts … Continue reading Court refuses anti-suit injunction to restrain US proceedings where English court also has jurisdiction under Recast Brussels Regulation

The new Consumer Rights Act comes into force in October this year and with it it brings a raft of new sanctions which may be applied against companies that infringe the rights of consumers. Enforcers of consumer law (which include Trading Standards Services and bodies such as Ofcom, Ofwat, Ofgem, the Competition and Markets Authority, … Continue reading New civil remedies for enforcers of consumer law under the Consumer Rights Act 2015

In CHS v DNH, a woman (“CHS”) with a “high public profile” was granted a non-disclosure injunction against her boyfriend (“DNH”) (or as HHJ Hodge QC predicted, “shortly to be former boyfriend”) to stop him publishing information about her relationship with a third party: “because the reasons for publication [were], on the evidence, motivated by … Continue reading Judge grants non-disclosure injunction against boyfriend “motivated by malice”

The High Court has ordered a group of ISPs to block access to the “Popcorn Time” application for copyright film and TV content, in Twentieth Century Fox Film Corporation and others v Sky UK Ltd and others. Birss J had refused to determine the case without a hearing due to the special technical nature of … Continue reading High Court grants blocking injunction in relation to “Popcorn Time” websites