All posts by Dan Tench

The decision of Mr Justice Peter Smith in Sports Direct International plc v Rangers International Football Club plc and another [2016] EWHC 85 (Ch) to refuse to commit the respondent for contempt for alleged breach of an injunction shows the caution that the court will sometimes show when it comes to seeking to enforce injunctive … Continue reading A level playing field for contempt – Sports Direct International v Rangers

A year ago, Olswang’s Litigation and Intellectual Property teams started The Injunctions Blog to monitor every significant judgment relating to injunctions. This has been another full year of such judgments, emanating from all areas of litigation including intellectual property, fraud, media, and arbitration, employment and harassment, all covered on our blog.  We have prepared a … Continue reading Injunctions: The top 10 cases of 2015

In Cheshire West and Chester Council and others v Pickthall, Mr Justice Edis granted an interim injunction under the Protection from Harassment Act 1997 (the “PHA”) to restrain the defendant from publishing allegations of criminal conduct on the part of the claimant Council and various individuals associated with it.  In doing so, he showed the … Continue reading Harassment and pursuing criminal conduct

In Kerner v (1) WX (2) YZ (Persons Unknown), Mr Justice Warby has continued an harassment injunction and ordered disclosure against the DVLA for details which may track down the respondent journalists. The continuation of the injunction is interesting in that is shows the extent to which the court is prepared to allow injunctive relief … Continue reading When to continue: Kerner part 2

An injunction granted by Mr Justice Warby illustrates both the issues arising in respect of obtaining injunctions against “persons unknown” and also the technical difficulties in obtaining injunctions restraining any matter relating to news reporting. The applicants were Katherine Kerner and her son Jack. They had sustained press attention because in December the husband of … Continue reading Unknown unknowns in Kerner v (1) WX (2) YZ (Persons Unknown)

In AmTrust Europe Ltd v Trust Risk Group SpA, the claimant sought an interim mandatory injunction requiring the defendant to pay €32 million into a trust account.  The defendant challenged the jurisdiction of the court.  There were two separate different agreements between the parties with differing provisions as regards jurisdiction and arbitration.  Mr Justice Blair … Continue reading Commercial Court grants mandatory injunction where conflicting agreements on jurisdiction and arbitration

In Inplayer Ltd (formerly Invideous Ltd) and others v Thorogood the Court of Appeal overturned two convictions for contempt against the first defendant on the basis of procedural irregularities. The first defendant had been a director and a minor shareholder of the first claimant, subject to a shareholders’ agreement. He had left and set up … Continue reading Court of Appeal overturns committal for contempt for alleged breaches of an injunction on the basis of procedural irregularities

In Novartis Pharmaceuticals v Stop Huntingdon Animal Cruelty, Mrs Justice McGowan granted an injunction against “persons unknown” under the Protection from Harassment Act 1997. This was the first time such an injunction was granted against “persons unknown” to restrain possible acts of harassment. Injunctions against “persons unknown” were developed in the early 2000s, first in … Continue reading “Persons unknown” in harassment proceedings