Category Archives: Commercial Litigation

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

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