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