Category Archives: Commercial Litigation

In Berry Recruitment Ltd v Brooke Donovan (2018), the claimant recruitment company (“B”) applied for an interim injunction against the defendant Brooke Donovan to prevent her breaching post-termination restrictive covenants where the evidence clearly demonstrated that breaches had caused significant financial damage to the company and its relationships with customers. Donovan’s contract contained non-solicitation and non-dealing … Continue reading An interim injunction was granted to a recruitment company against a former employee to prevent her breaching post-termination restrictive covenants in her employment contract

In Jones v Birmingham City Council and another [2018], the Court of Appeal dismissed an appeal by Mr Jones contending that a civil injunction granted against him and other alleged members of a gang were incompatible with his rights under Article 6 of the European Convention on Human Rights (ECHR). Mr Jones was involved with … Continue reading Civil Injunction obtained by local authority for the purpose of preventing gang-related violence not incompatible with Article 6 ECHR

Earlier this month, the Court of Session heard an application from Bilfinger Construction UK Limited (“Bilfinger”), a core participant in the Edinburgh Tram Inquiry (the “Inquiry”), which sought to prevent documents being published on the Inquiry’s website. Bilfinger’s application for interdict was refused on the grounds that Bilfinger failed to show that the Chairman of … Continue reading Open sesame: Court refuses to prevent disclosure of “commercially sensitive” information in public inquiry

In Canary Wharf Investments Ltd & Others v Brewer and Others (23/02/2018), interim injunctions were granted to prevent “urban explorers” trespassing on the Canary Wharf estate where they had been climbing on buildings, cranes and accessing restricted areas. The six named defendants were “urban explorers” who climbed buildings and cranes in the area and posted … Continue reading Interim injunction granted against “urban explorers” for trespassing at Canary Wharf

In Aquinas Education Ltd v (1) Dorian Miller (2) Max Pembleton (3) Charles Anthony Gatter (4) Link3 Recruitment Ltd [2018] EWHC 404 (QB), the court refused to award the claimant a springboard injunction citing that the claimant was unable to establish that the defendants had a continuing benefit from unlawfully obtained information. The claimant was … Continue reading Claimant’s failure to demonstrate an ongoing advantage results in court’s refusal of springboard injunction

In Frank Industries Pty Ltd v Nike Retail BV & Others (02/03/2018), the owner of the trade mark “LNDR” used on upmarket activewear for ladies was granted an interim injunction to prevent the Nike group using “LDNR” as part of their “Nothing beats a Londoner” promotional campaign. The claimant sold upmarket active wear for ladies … Continue reading Interim injunction granted to restrain use of trademark

In Re a Company (No 5245 of 2017) [2018] EWHC 275 (Ch), the High Court granted an injunction to restrain presentation of a winding up petition where the debtor had a genuine and serious cross-claim that exceeded the value of the debt. The Company (D) had been served with various statutory demands by a former … Continue reading Injunction granted to restrain presentation of winding up petition where debtor had a genuine and serious cross-claim

In Great Station Properties SA & Another v UMS Holding Ltd & Others the Commercial Court relied on findings of fact in an arbitration holding there to be sufficient evidence of risk of dissipation to grant a Worldwide Freezing Order (“WFO”). The original case concerned two disputes following the breakdown of the commercial relationship between … Continue reading Findings of fact in an arbitration can amount to sufficient evidence for the High Court to grant a Worldwide Freezing Order

In Baxendale-Walker v Bay Trust International [Unreported] (19/12/17), the High Court refused to grant interim relief to prevent the defendant trustee from dealing with trust assets. The claimant had set up a number of offshore trusts and the defendant was a Belize trust company which was trustee of a number of the trusts. The claimant … Continue reading High Court refuses to grant interim relief to prevent a trustee from dealing with trust assets

The case of S v S (Application to Prevent Solicitor Acting) [2017] EWHC 2660 (Fam) concerned an application for an injunction to prevent a solicitor from acting for a wife in divorce proceedings when the solicitor had previously met with the agent of the husband as part of a beauty parade. The High Court rejected … Continue reading Court refuses injunction restraining solicitor consulted by husband from acting for wife in divorce proceedings