Category Archives: Commercial Litigation

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

The expense of international commercial fraud litigation has encouraged many litigators, in the last decade or so, to employ what might be called “sanction-focused litigation” where the focus is not necessarily on proceeding to a full trial of the action but on asserting (appropriate) pressure on the defendant through court-ordered sanctions for disobedience to court … Continue reading The use of contempt and other sanctions in modern commercial fraud cases

For the first time, an appellate court has given clear guidance on the applicable principles for the assessment of damages under a cross-undertaking in damages. In Hone v Abbey Forwarding Ltd, the Court of Appeal considered a claim for compensation in relation to a freezing injunction that had been wrongfully obtained. At first instance, HHJ … Continue reading Approach to assessment of damages pursuant to a cross-undertaking

The recent decision of the Court of Appeal in Bank St Petersburg OJSC v Vitaly Arkhangelsky is a rare example of an English court granting an anti-enforcement injunction to enjoin a party from enforcing a foreign judgment, albeit on an interim basis. The starting point for the decision was in Russia, where the claimant obtained … Continue reading The Court of Appeal grants rare anti-enforcement injunction

In Lakatamia Shipping Co Ltd v Nobu Su and others, a worldwide freezing order obtained by the claimant against the defendants stated: The defendants must not: Remove from England and Wales any of their assets which are in England and Wales up to the value of US$ 48,824,440.24; or In any way dispose of, deal … Continue reading Freezing assets of non-defendant companies of which a defendant is a shareholder/director

The County Court Remedies Regulations 2014 came into force on 22 April 2014, conferring additional powers on the County Court in relation to freezing injunctions and search orders. The 2014 Regulations replaced 1991 Regulations of the same name, which expressly removed the court’s jurisdiction to grant freezing injunctions. There is no equivalent provision in the … Continue reading The County Court Remedies Regulations 2014: new powers for the new unified County Court

In Kazakhstan Kagazy plc v Arip, Mr Arip, the director and CEO of the parent company of a substantial group of companies (in the business of logistics and recycling in Kazakhstan) appealed against the Commercial Court’s refusal to discharge a freezing injunction made against him. Mr Arip was accused of participating in two large frauds, … Continue reading Court of Appeal refuses application to discharge freezing injunction and clarifies test

In AB v CD, the Court of Appeal held that a party which applies for an interim injunction to prevent a breach of contract may argue that damages will not constitute an adequate remedy where there are contractual terms which exclude or limit liability for loss that would be caused by such a breach.  The … Continue reading Whether damages constitute an adequate remedy where there is a contractual provision limiting damages

Credit Suisse Trust v Banca Monte Dei Pasche Di Siena involved two separate but linked applications for Norwich Pharmacal orders against Italian banks. Norwich Pharmacal orders allow the applicant to obtain information from a third party mixed up in the proceedings to identify, and therefore allow for a claim against, the wrongdoer. A trust, of … Continue reading Jurisdiction to grant Norwich Pharmacal order against a party outside the jurisdiction if they have a branch within it