If you are planning to obtain a pre-issue Norwich Pharmacal order you may wish to have a re-think following Master Matthews’ judgment in Towergate Underwriting Group Limited v Albaco Insurance Brokers Limited. Master Matthews held no reservations in asserting that an applicant for a Norwich Pharmacal order must show that it has issued a claim … Continue reading Want a Norwich Pharmacal order? You’d better issue a claim first.
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 SwissMarine Corporation Ltd v OW Supply & Trading A/S (in bankruptcy) the Commercial Court has rejected an application for an anti-suit injunction and ruled that proceedings brought regarding the applicability of foreign (here Danish) insolvency regimes to a contractual relationship will not constitute proceedings brought in relation to the rights and obligations that the … Continue reading Anti-suit injunctions and foreign insolvency proceedings
The new Consumer Rights Act comes into force in October this year and with it it brings a raft of new sanctions which may be applied against companies that infringe the rights of consumers. Enforcers of consumer law (which include Trading Standards Services and bodies such as Ofcom, Ofwat, Ofgem, the Competition and Markets Authority, … Continue reading New civil remedies for enforcers of consumer law under the Consumer Rights Act 2015