Category Archives: Commercial Litigation

The freeze jurisdiction of the English Court is wide and claimant-friendly. That has led to a trend in recent years of an exploration of the outer limits of the jurisdiction by claimants seeking to gain its benefits. Cruz City 1 Mauritius Holdings is another example of this exploration. The question was whether the Chabra jurisdiction … Continue reading Exploring the limits of the Chabra jurisdiction in arbitration cases

A company is obliged to do or not do something by an injunction but acts in breach of the injunction. In these circumstances what is the liability in contempt of a director of that company? The issue was considered by Hamblen J in the case of Ipartner v Panacore. In this case a number of … Continue reading Issues on contempt

In Liberty Mercian Ltd v Cuddy Civil Engineering Ltd, the Technology & Construction Court demonstrated it is prepared to be flexible when ordering specific performance. One of the factors the court takes into account in considering whether to grant specific performance is whether the performance is possible. Here, the relevant performance was found to be … Continue reading Grant of equivalent specific performance by way of payment into court

Cartier International AG and others v British Sky Broadcasting Ltd and others was a test case in which the court held that trademark holders may be granted site-blocking injunctions against internet service providers (“ISPs”). In the judgment, Mr Justice Arnold considered the nature of the court’s jurisdiction to award injunctive relief and concluded that the … Continue reading Cartier v BSkyB: court considers scope of jurisdiction to make injunctions

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