In Santander UK plc v The Royal Bank of Scotland plc and others, the High Court was asked to reconsider three applications for Norwich Pharmacal orders that had previously been refused.  In doing so, it considered whether the court has jurisdiction to grant such orders in the context of claims for restitution or unjust enrichment. … Continue reading Scope of Norwich Pharmacal jurisdiction in restitution cases

The High Court has granted an interim non-disclosure order to prevent the publication of so-called “revenge porn”.  The applicant, a successful actor identified as JPH, had been in a relationship with XYZ.  During the course of the relationship a number of photographs and videos showing nudity and sexual activity had been taken and, following the … Continue reading High Court grants without notice injunction in “revenge porn” case

In Wood and another v Baker and others, the High Court considered a without notice application by joint trustees in bankruptcy for a freezing injunction over assets of companies which were being used by the bankrupt to conceal money and avoid his obligations to disclose assets to the trustees (under section 333 of the Insolvency … Continue reading Injunctive relief pierces the corporate veil

The Commercial Court has held in Tidewater Marine International Inc v Phoenixtide Offshore Nigeria Ltd and others that in certain exceptional circumstances, the court may depart from the established principle that a litigant who is subject to a freezing order is permitted to use its frozen assets to pay for legal expenses to defend a … Continue reading Commercial Court rules that respondents to freezing order not entitled to use frozen funds for legal expenses

On 17 July 2014, the European Account Preservation Order (“EAPO”) Regulation came into force.  It will apply in EU Member States except the UK and Denmark from 18 January 2017.  The EAPO is intended to provide an alternative to domestic remedies and permit creditors in one participating Member State to freeze the assets of debtors … Continue reading The European Account Preservation Order

The UK’s system for the enforcement of competition law through the courts (as an alternative or in addition to a complaint to a regulator) is set to be overhauled by the Consumer Rights Act 2015, which entered into force on 1 October 2015. As previously reported, the Act amends key legislation governing competition law enforcement … Continue reading The Competition Appeal Tribunal’s power to grant injunctions