In considering an application to vary the terms of a freezing order to, amongst other things, increase the amount of the respondents’ assets to be frozen, Mr Jeremy Cousins QC (sitting as a Deputy Judge of the Chancery Division) confirmed in Thevarajah v Riordan and others that there is a well-established practice of including an … Continue reading Freezing orders: High Court confirms practice of including element for costs in sum frozen

In Peak Hotels and Resorts Ltd v Tarek Investments Ltd and others, the High Court considered whether a change of circumstances had occurred to justify the reduction of a sum paid into court in fortification of a cross-undertaking in damages.  The court also considered the circumstances in which it had jurisdiction to order an interim … Continue reading Fortification of cross-undertaking in damages

In Packet Media Ltd v Telefónica UK Ltd, the High Court has granted an interim injunction in relation to a claim which alleged abuse of a dominant position by the defendant, contrary to the UK’s competition rules. The claim relates to the provision of telecommunications services via a GSM gateway.  A GSM gateway is a … Continue reading Interim injunction granted in relation to an alleged abuse of dominance

In Cheshire West and Chester Council and others v Pickthall, Mr Justice Edis granted an interim injunction under the Protection from Harassment Act 1997 (the “PHA”) to restrain the defendant from publishing allegations of criminal conduct on the part of the claimant Council and various individuals associated with it.  In doing so, he showed the … Continue reading Harassment and pursuing criminal conduct

In AmTrust Europe Ltd v Trust Risk Group SpA, the High Court confirmed that the English court has jurisdiction to make an injunction restraining the pursuit of arbitration proceedings, notwithstanding that the seat of that arbitration was is in another jurisdiction.  Such power should, however, only be exercised in exceptional circumstances and with caution. The … Continue reading High Court refuses to grant anti-arbitration injunction

In considering an application to continue an anti-suit injunction restraining proceedings brought in China where arbitral proceedings were afoot, the Commercial Court has confirmed in Southport Success SA v Tsingshan Holding Group Co Ltd that the power to grant an anti-suit injunction under section 37 of the Senior Courts Act 1981 (“section 37 SCA”) is … Continue reading Power to grant anti-suit injunctions where arbitration afoot

Tomorrow, a panel of five Justices of the Supreme Court will hear the appeal in JSC BTA Bank v Ablyazov concerning whether choses in action, such as a right to borrow money in accordance with a loan facility agreement, are “assets” within the meaning of the standard form freezing order, and whether they are subject … Continue reading Supreme Court hearing this week on meaning of “assets” in standard form freezing order

Last week, the Court of Justice of the European Union (“CJEU”) handed down its decision in Huawei Technologies Co. Ltd v ZTE Corp., ZTE Deutschland GmbH.  The judgment concerns the availability of injunctive relief for owners of standard essential patents (in this case, telecoms patents) bringing infringement proceedings.  The decision is in line with the … Continue reading CJEU rules on the availability of injunctive relief for owners of standard essential patents

ZYT and another v Associated Newspapers Ltd was (what is now) a comparatively rare example of an injunction being sought and granted in a privacy claim against a newspaper. Mr Justice Warby heard an urgent appeal on behalf of two claimants who sought a temporary injunction and anonymity order to restrain the Daily Mail (which is … Continue reading Tipping the balance – when is it in the public interest to take a look at a “private” relationship?

In Ras Al Khaimah Investment Authority and others v Bestfort Development LLP and others, the High Court gave guidance on the procedure when applying for interim relief (here, a freezing injunction) in support of foreign proceedings under section 25 of the Civil Jurisdiction and Judgments Act 1982 (“s. 25”). The main question was whether a claim … Continue reading High Court gives guidance on the procedure for applying for an injunction in support of foreign proceedings