All posts by Emma Cross

On 18 December 2015, Sir Michael Tugendhat, sitting as a Judge of the High Court, awarded injunctions restraining the Defendants, Independent Print Limited and Evening Standard Limited, from using information that was subject to legal professional privilege (“LPP”) after a private hearing (Lachaux v  (1) Independent Print Limited (2) Evening Standard Ltd). The Claimant, Mr … Continue reading Injunctions granted in libel proceedings to protect legal professional privilege

On 16 September 2015, Mr Justice Warby granted mandatory and prohibitory final injunctions and made an award of damages against the unknown operators of the “Solicitors from Hell UK” website (“”). This case is believed to be the first time that an English court has made an award of damages against “persons unknown”. It is … Continue reading Permanent injunction and damages granted against person(s) unknown

Over the years, the courts have been willing to allow service of legal proceedings via Facebook (AKO Capital LLP and another v TFS Derivatives and others (2012)) and Twitter (Blaney v Persons Unknown (2009)), in circumstances where the claimant has been unable to locate the defendant in order to serve him through more traditional means.  … Continue reading Service of proceedings via Instagram

In CHS v DNH, a woman (“CHS”) with a “high public profile” was granted a non-disclosure injunction against her boyfriend (“DNH”) (or as HHJ Hodge QC predicted, “shortly to be former boyfriend”) to stop him publishing information about her relationship with a third party: “because the reasons for publication [were], on the evidence, motivated by … Continue reading Judge grants non-disclosure injunction against boyfriend “motivated by malice”

The importance of providing full and frank disclosure in without notice applications was recently evidenced in the case of YXB v TNO. As a result of the claimant’s material non-disclosure, the High Court discharged orders granted in the claimant’s favour and denied a privacy injunction for the future. The claimant, a Premier League footballer, had … Continue reading Premier League footballer’s injunction overturned owing to lack of full and frank disclosure

In Enterprise v Europcar, Arnold J held that the geographical scope of an injunction granted to restrain trade mark infringement and of the inquiry as to damages should be limited to the UK, even though the case involved a European Community trade mark. The court also granted the claimant a publicity order for three months. … Continue reading Community trade mark injunction restricted to the UK

In Orb A.R.L. v Ruhan, Mr Justice Cooke denied the claimants’ application to serve four proposed additional defendants out of the jurisdiction and to obtain an injunction against those defendants. He held that the claimants’ earlier “over-recovery” in respect of any wrong doing, and failure to disclose this recovery, were enough to deny permission for … Continue reading Judge criticises “extraordinary” actions of claimants who failed to come to equity with clean hands

In considering the claimant’s application for leave to appeal the first instance decision in Joint Stock Company Ukrisbbank v Polyakov, Lord Justice Longmore expressed serious doubt as to whether freezing injunctions which are granted in support of foreign proceedings should be “left in the air” once a determination by the highest court is made in … Continue reading Court of Appeal expresses serious doubt as to whether injunctions granted in support of foreign proceedings should be “left in the air” once the highest court has made a determination in those proceedings