All posts by Sarah Speller

Today, the Supreme Court is considering whether the Court of Appeal was right to set aside an interim injunction preventing The Sun on Sunday from publishing an article regarding the extra-marital sexual encounters of a celebrity. The injunction will remain in place until the end of the hearing, at which the Supreme Court will decide … Continue reading PJS v News Group Newspapers: Supreme Court today considering whether to lift celebrity privacy injunction

On 24 June, the Lord Chief Justice, Lord Thomas, issued Practice Guidance on Committal for Contempt of Court. The Guidance is intended to clarify aspects of the Practice Direction on Committal for Contempt issued in March 2015 (see our post here), which explained the operation of the fundamental principle that applications for committal of contempt … Continue reading Guidance on the Practice Direction on Committal for Contempt of Court

Earlier this year, in fraud proceedings against African businessman Abdourahman Boreh, counsel acting on behalf of the Republic of Djibouti successfully obtained a proprietary injunction in respect of assets held by the defendant and his companies. The claimants had initially been granted both a freezing injunction and a proprietary injunction; however, in light of evidence that … Continue reading Permission to seek freezing order in Singapore denied

In Petter v EMC Europe Ltd and another, Mr Justice Cooke refused to grant an anti-suit injunction restraining the defendant from continuing proceedings before the US court, even though he found that the English court also had jurisdiction over the dispute under the provisions relating to employment contracts in the Recast Brussels Regulation. The facts … Continue reading Court refuses anti-suit injunction to restrain US proceedings where English court also has jurisdiction under Recast Brussels Regulation

The Court of Justice of the European Union (“CJEU”) has published its much-anticipated judgment in the Gazprom case. It confirmed that under the arbitration exclusion in the original Brussels Regulation, that Regulation does not compel the courts of an EU Member State to refuse to enforce an arbitral award which contains an anti-suit injunction. Although … Continue reading CJEU finds anti-suit injunctions in arbitral awards compatible with the Brussels Regulation

On 26 March 2015, the Lord Chief Justice, Lord Thomas, issued a new Practice Direction on Committal for Contempt of Court. The Practice Direction, which is expressed as applying to all proceedings for committal for contempt of court, explains how the principle of open justice (the general rule that hearings should take place and judgments … Continue reading New Practice Direction on Committal for Contempt of Court

In Alliance Bank JSC v Zhunus, Mr Justice Cooke discharged a worldwide freezing order and an order giving permission to serve out of the jurisdiction where (1) the underlying claim was time-barred as a matter of Kazakh law; and (2) the claimant had made material non-disclosures at the without notice hearing of the injunction application. … Continue reading Discharge of worldwide freezing order: test of “materiality” of non-disclosure

In JSC Mezhdunarodniy Promyshlenniy Bank v Pugachev, the Court of Appeal considered a number of issues arising out from a freezing order which had been granted in support of Russian proceedings. Most notably, the court confirmed that: it had jurisdiction under the disclosure provisions in the freezing order to order the member of a class … Continue reading Freezing orders, discretionary trusts and unlimited cross-undertakings

In Jbarco Investments Ltd v Omar, the High Court highlighted the importance of the “just and convenient” test to the grant of an injunction. Although the judge discharged a freezing order because there was no risk of the defendant dissipating her assets, he suggested obiter that, even if he had found there to be a … Continue reading Court emphasises importance of “just and convenient” test to grant of injunction