In Dana Gas PJSC v Dana Gas Sukuk Ltd [2017] EWHC 2340 (Comm), the High Court took the unusual approach of allowing a hearing to proceed without the active participation of the Claimant and Defendant due to the existence of an anti-suit injunction issued by the UAE Court. The parties had jointly asked the English … Continue reading As a “last resort” trial proceeds without the participation of the parties due to UAE anti-suit injunction

In two recent decisions, the English Courts have demonstrated their willingness to grant injunctions to prevent a party from relying on legally privileged material belonging to the other party to litigation. Legal professional privilege entitles a client to refuse to disclose confidential advice and communications with their lawyers to third parties (such as the court, … Continue reading Courts order injunctions to prevent the use of privileged material

In Thomas Cook Airlines Ltd v British Airline Pilots Association the court refused to grant an interim injunction preventing strike action by a trade union. The British Airline Pilots Association (“BALPA”) were in a dispute with Thomas Cook Airlines Ltd (“Thomas Cook”) over the pay and conditions of the pilots it employed. BALPA union members … Continue reading Interim injunction preventing pilots’ strike refused

In Singh v Weayou [2017] EWHC 2102 (QB), the High Court granted injunctive relief for a period of five years, restraining the defendant from further publishing or causing to be published the words complained of or any other words to the same or similar effect which are false and/or defamatory of the claimant. Background The … Continue reading SINGH V WEAYOU – HIGH COURT GRANTS A FIVE YEAR INJUNCTION RESTRAINING THE PUBLISHING OF FURTHER DEFAMATORY STATEMENTS

Three recent decisions have brought back into the spotlight the importance of complying with injunctive orders and the very serious repercussions that can follow repeated breaches. Kimyani and others v Sandhu [2017] EWHC 1302 (Ch) Facts: Kimyani and others v Sandhu concerned a family dispute. The applicants, three siblings of Ms Sandhu, had been granted … Continue reading Jailed for breaching injunctions: three cases

In Trant Engineering Ltd v Mott MacDonald Ltd [2017] EWHC 2061 (TCC) the High Court was asked to grant an interim injunction to permit access to a building information model (“BIM”). The claimant was employed by the Ministry of Defence as a works contractor to build a £55 million power station in the Falkland Islands … Continue reading Technology and Construction Court grants interim injunction requiring access to a building information model

In Unwired Planet v Huawei Mr Justice Birss has created a new type of injunction – the FRAND injunction. This case forms part of a long-running dispute between Unwired Planet and Huawei relating to the determination of FRAND (Fair, Reasonable and Non-Discriminatory) licensing terms for a portfolio of standard essential (SEPs) telecoms patents. In April … Continue reading Unwired Planet v Huawei: the creation of the frand injunction

In Latin American Investments Ltd v Maroil Trading Inc and another, the High Court ordered the continuation of a freezing injunction after deciding that a shareholder’s claim for specific performance and payment of damages to two joint venture companies did not infringe the “reflective loss” principle, which precludes a shareholder from recovering loss that reflects … Continue reading High Court orders continuation of freezing injunction

In MTP Group Ltd v Peel and others the court dismissed (i) an application for a springboard injunction to prevent the defendants gaining a competitive advantage through dealing or contracting with particular customers; and (ii) a permanent injunction that sought to enforce the defendant’s confidentiality obligations to prevent the alleged misuse of confidential information. The … Continue reading High Court dismisses springboard injunction application in breach of confidentiality claim

The Inner House recently set out that the first and most important consideration in determining whether to grant interim interdict (injunction) is whether the party seeking interdict has made a prima facie case of entitlement to that remedy. (Co-authored with Lorraine Walkinshaw) Interim Interdict The criteria for the grant of interim interdict is set down … Continue reading Reconsideration of first principles: Interdict applications in Scotland