All posts by Lucy Hayes

In Asia-Pacific Trading Pte Ltd (formerly known as Toepfer International Asia Pte Ltd) v PT Budi Semesta Satria, the High Court held that delay on the part of the applicant could be adequate cause for refusing an anti-suit injunction, even where the respondent acknowledged there was an arguable case that it had breached an arbitration … Continue reading High Court refuses anti-suit injunction based on arbitration clause due to delay

In Orb ARL and others v Fiddler and another, Mr Justice Popplewell discharged a Norwich Pharmacal order following the discovery of serious failures by the applicants to fulfil their duty of full and frank disclosure.  There was also significant evidence to suggest that the true purpose of the application was to gain an advantage in … Continue reading “Abusive” Norwich Pharmacal order discharged

On Thursday 4 February, Olswang hosted a cross-disciplinary seminar, chaired by High Court judge, Mr Justice Birss, on the changing face of injunctions in the age of the internet and mass data. With contributions from experts in intellectual property, digital litigation, commercial litigation and employment law, the discussion covered a range of new developments, with … Continue reading Injunctions in the digital age

The respondents to a freezing order, who were alleged fraudsters, had been ordered to create an affidavit detailing payments received by them.  They argued that they were not obliged to hand over any such information until the applicant particularised its case.  They also asserted that the court had no jurisdiction to make such an order … Continue reading Obligation of respondents to freezing order to assist in tracing claim

In Okritie International Investment Management v Gersamia, Eder J committed the two respondents to prison for contempt, and endorsed a useful summary of the case law setting out when a custodial sentence is appropriate. Vladimir Gersamia and Olessia Jemai had both been involved in a substantial fraud against the applicants. In the judgment in the … Continue reading Guidance on imprisonment for contempt of court

In JSC VTB Bank v Skurikhin [2014] EWHC 4613 (Comm), Pavel Skurikhin was sentenced to 12 months’ imprisonment for contempt of court after failing to comply with disclosure obligations contained within a freezing order. This judgment demonstrates the potentially serious consequences of breaching a freezing order, but also notes that a breach must be extremely … Continue reading Reminder of the potentially serious consequences of breaching a freezing order

In Shipowners’ Mutual Protection and Indemnity Association (Luxembourg) v Containerships Denizcilik Nakliyat Ve Ticaret AS, the Commercial Court continued an anti-suit injunction restraining the defendant charterers from commencing or continuing proceedings in Turkey against the claimant P&I Club, in breach of a London arbitration clause in the insurance contract between the Club and the owners … Continue reading Anti-suit injunction granted against “victim” attempting to take advantage of foreign direct action laws

Iouri Chliaifchtein v Wainbridge Estates Belgravia Limited is a comparatively rare example of a reported case concerning an injunction granted to prevent the alleged breach of a party wall award. In this case the defendant sought its costs of an injunction obtained against it by the claimant on the basis that the injunction had been … Continue reading Costs consequences for defendant of injunction to restrain breach of party wall award