In Breckons and others v Powerscourt Services Ltd, the High Court discharged a freezing order on the basis of material non-disclosure and misrepresentation by the claimants at the without notice application.  In so doing, the court followed the principles for applications based on material non-disclosure laid down in The Arena Corporation Limited v Schroeder [2003] … Continue reading High Court discharges a freezing order for material non-disclosure

On 24 June, the Lord Chief Justice, Lord Thomas, issued Practice Guidance on Committal for Contempt of Court. The Guidance is intended to clarify aspects of the Practice Direction on Committal for Contempt issued in March 2015 (see our post here), which explained the operation of the fundamental principle that applications for committal of contempt … Continue reading Guidance on the Practice Direction on Committal for Contempt of Court

Earlier this year, in fraud proceedings against African businessman Abdourahman Boreh, counsel acting on behalf of the Republic of Djibouti successfully obtained a proprietary injunction in respect of assets held by the defendant and his companies. The claimants had initially been granted both a freezing injunction and a proprietary injunction; however, in light of evidence that … Continue reading Permission to seek freezing order in Singapore denied

In Raymond and another v Young and another, the Court of Appeal clarified that it could be appropriate to award damages for the loss of capital value to a property, even where a permanent injunction had been granted restraining further acts of nuisance.  It would not, however, be appropriate to make an award of damages … Continue reading Whether damages can be awarded in addition to permanent injunction in nuisance case

In Jacobs E&C Limited v Laker Vent Engineering Ltd, the High Court considered the interaction between two applications which had been made to the court in respect of a dispute which was subject to arbitral proceedings: an application for an interim mandatory injunction in support of arbitration under sections 44(2)(e) and 44(3) of the Arbitration … Continue reading Interaction between applications for an interim mandatory injunction and for a stay of proceedings under the Arbitration Act 1996