All posts by Anna Caddick

A short judgment from Mr Justice Henderson on 22 July 2016 in the case of Haederle v Thomas, is a reminder of the importance of “crossing every T” when it comes to the wording of freezing injunctions, not least if one wishes for the injunction to carry a criminal sanction. In this case Mr Haederle … Continue reading Minor but uncorrected error in freezing injunction defeats committal application

In Kazakhstan Kagazy plc & others v Zhunus and others, Mr Justice Leggatt considered the second defendant’s (“D2”) application for a freezing injunction against the first defendant (“D1”) in aid of a contribution claim.  On the facts, the judge refused permission to serve the contribution claim on D1, and consequently refused the injunction application in … Continue reading When can the court grant a freezing injunction in aid of a contribution claim?

This is the latest of the BTA Bank/Ablyazov cases on interim relief.  Mr Justice Phillips held that a confidentiality regime, whereby disclosure under a worldwide freezing injunction was to be given only to solicitors “directly concerned with the case” and instructed counsel, overcame the defendant’s claim to privilege against self-incrimination.  The defendant was therefore ordered … Continue reading Confidentiality club defeats self-incrimination exception under freezing order

In BUQ v HRE, Mr Justice Warby granted the claimant summary judgment and a permanent injunction prohibiting the disclosure of private information even though a cross-application to commit the claimant for contempt of court was to be determined at a later date. Facts The claimant was the CEO of a large group of companies and … Continue reading Summary judgment and permanent injunction granted prohibiting the disclosure of private information despite cross-application for contempt to be determined at a later date

In Aitken v DPP , Mr Justice Warby in the High Court (giving the lead judgment for a panel of three judges) held that individuals such as newspaper editors can be convicted under section 39(2) of the Children and Young Persons Act 1933 of the offence of breaching reporting restrictions, which applies to “any person … Continue reading High Court dismisses newspaper editor’s appeal against conviction and fine for publication of a story in breach of an anonymity order

In Spliethoff’s Bevrachtingskantoor BV v Bank of China Limited, the Commercial Court confirmed it had no residual discretion to refuse to enforce Chinese judgments in England where the claimant had submitted fully to the Chinese jurisdiction, even where the judgments had been obtained in breach of arbitration clauses and anti-suit injunctions. Facts The claimant entered … Continue reading No residual discretion as to whether a foreign judgment should be enforced following submission to the foreign jurisdiction

In JSC Mezhdunarodniy Promyshlenniy Bank v Pugachev, Mr Justice Mann continued a worldwide freezing order in a case which illustrates the challenge of both establishing material non-disclosure by the claimant and persuading the court that it should discharge the freezing order as a result. The claimants (a Russian bank and Russian state organisation responsible for … Continue reading Whether deficiencies in evidence and material non-disclosure will lead to discharge of freezing order

In Joint Stock Company Ukrisbbank v Polyakov, Mr Justice Blair discharged a worldwide freezing injunction granted under section 25 of the Civil Jurisdiction and Judgments Act 1982 (“CJJA”) in support of proceedings in the Ukraine on the basis that the claimant had not shown a good arguable case that it would get judgment against the … Continue reading Discharge of worldwide freezing injunction granted in support of foreign proceedings where underlying litigation exhausted

In U&M Mining Zambia v Konkola Copper Mines, the Commercial Court continued a worldwide freezing injunction in support of sums awarded by a London arbitration tribunal despite “serious and numerous” breaches of the claimant’s duty to give full and frank disclosure. Mr Justice Teare considered that the nature of the breaches suggested that the appropriate … Continue reading Worldwide freezing order in support of arbitral award continued despite “serious and numerous” breaches of duty to give full and frank disclosure