Category Archives: Commercial Litigation

In U&M Mining Zambia v Konkola Copper Mines, the Commercial Court continued a worldwide freezing injunction in support of sums awarded by a London arbitration tribunal despite “serious and numerous” breaches of the claimant’s duty to give full and frank disclosure. Mr Justice Teare considered that the nature of the breaches suggested that the appropriate … Continue reading Worldwide freezing order in support of arbitral award continued despite “serious and numerous” breaches of duty to give full and frank disclosure

In Energy Venture Partners v Malabu Oil and Gas, the Court of Appeal considered for the first time the question of what is the appropriate test to apply when determining whether fortification of the cross-undertaking in damages should be provided. This is a case and an appeal with an odd and long procedural history, almost … Continue reading The test whether to order fortification of the cross-undertaking in damages

MLA is a “talented performing artist” who suffered many years of sexual abuse at school which traumatised him and led to years of severe mental illness. He has authored a semi-autobiographical book which described the past abuse and the illnesses he has suffered as a result. The Court of Appeal described his book as “striking … Continue reading OPO v MLA: Interim injunction granted by the Court of Appeal under principle in Wilkinson v Downton

Blue Holdings (1) Pte Ltd and Blue Holdings (2) Pte Ltd v United States was an appeal against a High Court decision to continue an interim freezing injunction which had been granted to the United States under section 25 the Civil Jurisdiction and Judgments Act 1982 (the “CJJA”) in support of forfeiture proceedings in the … Continue reading No freezing injunction in support of foreign proceedings under section 25 of the Civil Jurisdiction and Judgments Act 1982 where the purpose is to circumvent the Proceeds of Crime Act regime for relief

In a mercifully short judgment in the long running Fiona Trust  case, Andrew Smith J considered (1) what conduct is relevant in deciding whether an enquiry for damages on a cross-undertaking should be refused; and (2) whether in the circumstances of that case it would be proper to refuse an enquiry. By way of judgment … Continue reading Parties’ conduct relevant as to whether to enforce the cross-undertaking in damages

The claimant in ICICI Bank UK plc v Diminco NV was an English Bank, a wholly owned subsidiary of one of the largest banks in India, operating through its Antwerp branch. The defendant was a distributor of diamonds based in Antwerp and operating in eight countries (not including the UK). The claimant had provided substantial … Continue reading Worldwide freezing and disclosure relief denied in aid of a Belgian claim, in an application under section 25 Civil Jurisdiction and Judgments Act 1982

Santander UK plc v National Westminster Bank plc concerned the granting of various Norwich Pharmacal orders in favour of Santander UK plc against other banks, the customers of which wrongly received funds following mistaken electronic payments by Santander into the wrong accounts. Norwich Pharmacal orders allow an applicant to obtain an order from the court … Continue reading Norwich Pharmacal applications in the context of unjust enrichment and some practical advice

In Bakir v Downe, Mr Justice Mostyn, sitting in the Family Division of the High Court, has delivered a succinct and pointed judgment confirming that an undertaking given in the face of the court need not be signed to be enforceable, or to be recorded in the court’s order. Mr Downe (who was at times … Continue reading An undertaking given in the face of the court need not be signed; and a firm reminder for litigants in person to follow the court’s procedure

EU Regulation No. 655/2014, dated 15 May 2014, established a European Account Preservation Order (“EAPO”) procedure to facilitate cross-border debt recovery in civil and commercial matters.  Here are eight things you need to know about the Regulation: It came into force on 17 July 2014 and will be applied by participating Member State courts from … Continue reading Eight things you need to know about the EU Regulation establishing a European Account Preservation Order procedure

JSC BTA Bank v Ablyazov concerned an application by BTA Bank for the costs of compliance with a Norwich Pharmacal order to be paid by the respondent, Mr Tyschenko. Mr Tyschenko was a Ukrainian businessman with interests in a range of oil, gas, banking and real estate assets. The bank’s case was that he was … Continue reading Norwich Pharmacal orders: when respondent can be ordered to pay applicant’s costs