In Metropolitan Housing Trust Ltd v Taylor and others, the High Court confirmed that it had jurisdiction to continue a freezing order pending an application to the Court of Appeal for permission to appeal.  That jurisdiction was, however, subject to a number of conditions, including that the appeal had a real prospect of success. Background … Continue reading Freezing orders pending an appeal – what jurisdiction does the High Court have?

On 27 October 2015, Mr Justice Blake set aside an injunction granted in defamation proceedings brought by Vladimir Bukovsky against the Crown Prosecution Service (“CPS”).  In doing so, he considered a number of issues relating to freedom of expression, the duties of the press and proportionality. Background The proceedings were brought by Mr Bukovsky after … Continue reading Injunction set aside in libel case

A recent High Court decision (Metropolitan Housing Trust Ltd v Taylor and others) has rendered the general test of a good arguable case insufficient to justify a freezing order where dishonesty is alleged and argued to be – in and of itself – evidence of a risk of dissipation of assets. In such cases, the … Continue reading Arguable case of dishonesty needed for freezing order where dishonesty alleged in support of dissipation

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

In Ecobank Transnational Inc v Tanoh, the Commercial Court confirmed the court’s power to grant anti-enforcement injunctions as a means to prevent a defendant from enforcing a foreign judgment or award in England.  However, it declined to grant an injunction in this case due to the applicant’s unnecessary delay in seeking to restrain the enforcement … Continue reading High Court confirms courts’ power to grant anti-enforcement injunctions