Category Archives: Commercial Litigation

In AmTrust Europe Ltd v Trust Risk Group SpA, the claimant sought an interim mandatory injunction requiring the defendant to pay €32 million into a trust account.  The defendant challenged the jurisdiction of the court.  There were two separate different agreements between the parties with differing provisions as regards jurisdiction and arbitration.  Mr Justice Blair … Continue reading Commercial Court grants mandatory injunction where conflicting agreements on jurisdiction and arbitration

On 4 December 2014, Advocate General Wathelet of the Court of Justice of the European Union delivered an Opinion in the Gazprom case to the effect that the Brussels Regulation does not compel the courts of an EU Member State to refuse to enforce an arbitral award which contains an anti-suit injunction on the basis … Continue reading Advocate General’s Opinion in the Gazprom case: implications of the Recast Brussels Regulation for anti-suit injunctions in arbitral awards

In AMM v News Group Newspapers, the High Court has granted a privacy injunction to restrain the Sun on Sunday publishing information about a sexual relationship that the applicant, an individual, had in 2011. The Sun on Sunday had undertaken to the applicant not to publish the information within seven days but refused to give … Continue reading First privacy injunction against the media since January 2013

Golden Endurance Shipping SA v RMA Watanya SA gives clarity on the important jurisdiction to grant anti-suit injunctions. Burton J in his judgment makes clear that no separate jurisdictional gateway is required, providing the injunction is ancillary to claims where English jurisdiction is established. The case concerned damage to a cargo of wheat bran pellets … Continue reading A separate jurisdictional gateway is not required to grant an anti-suit injunction, provided the injunction is ancillary to a substantive action that attracts English jurisdiction

In Inplayer Ltd (formerly Invideous Ltd) and others v Thorogood the Court of Appeal overturned two convictions for contempt against the first defendant on the basis of procedural irregularities. The first defendant had been a director and a minor shareholder of the first claimant, subject to a shareholders’ agreement. He had left and set up … Continue reading Court of Appeal overturns committal for contempt for alleged breaches of an injunction on the basis of procedural irregularities

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