All posts by David Whitehead

In AB Bank Ltd v Abu Dhabi Commercial Bank PJSC, the Commercial Court set aside a Norwich Pharmacal Order (“NPO”) made against a bank in the UAE on the basis that the court had no jurisdiction to serve the order on the bank out of the jurisdiction because none of the permitted jurisdictional gateways under … Continue reading Commercial Court refuses to permit service of Norwich Pharmacal Order out of the jurisdiction

In Holyoake and another v Candy and others, the High Court has granted the first stand-alone “notification injunction” (or notification order), which can be viewed as a less invasive alternative to a freezing injunction.  A notification injunction requires a defendant to give notice to a claimant before disposing of or dealing with particular assets where … Continue reading High Court grants first stand-alone notification injunction

In Mace (Russia) Ltd v Retansel Enterprises Ltd, the Commercial Court discharged a without notice injunction to restrain continuation of Russian arbitration proceedings because of material non-disclosure by the claimant, but it granted a new on-notice injunction as the Russian proceedings were an improper attempt to subvert London arbitration proceedings. Background The claimant had agreed … Continue reading High Court grants anti-suit injunction to prevent Russian arbitration proceedings and clarifies scope of restriction on obtaining interim relief in LCIA Rules

On 3 March 2016, the High Court in BCS Corporate Acceptances Ltd and others v Terry and another considered an application to continue a freezing injunction against two respondents. It held that obtaining security over assets was not the purpose of such an order, and there was no basis to grant a freezing injunction against … Continue reading Court reaffirms that freezing injunctions are not proprietary relief

On 12 February 2016, the Court of Appeal considered an appeal against an injunction enforcing a negative obligation, and expressed doubts about applying the guidance on the discretionary exercise involved in deciding whether or not to grant an injunction given by the Supreme Court in Coventry (t/a RDC Promotions) v Lawrence [2014] UKSC 13. D … Continue reading Court of Appeal considers extent of judicial discretion when awarding damages in lieu of an injunction