Category Archives: Commercial Litigation

In Dell Emerging Markets (EMEA) Ltd and another v IB SA [2017] EWHC 2397 (Comm), the High Court granted an anti-suit injunction preventing the defendant from pursuing foreign proceedings against an affiliated company of the first claimant. Facts The first claimant, Dell UK, entered into an international distribution agreement (“IDA”) with the defendant, IB … Continue reading COURT GRANTS ANTI-SUIT INJUCTION RESTRAINING FOREIGN PROCEEDINGS AGAINST AN AFFILIATED COMPANY

In Brainbox Digital Ltd v Backboard Media GmbH and another [2017] EWHC 2465 (QB), the court considered whether a freezing injunction obtained by the claimant should be continued and, if so, on what conditions. Facts Brainbox Digital Ltd (“Brainbox”) brought a claim against Backboard Media GMBH (“Backboard”) and Christian Hansen and obtained a freezing injunction … Continue reading High Court has wide discretion as to conditions for continuing freezing injunction

In Dana Gas PJSC v Dana Gas Sukuk Ltd [2017] EWHC 2340 (Comm), the High Court took the unusual approach of allowing a hearing to proceed without the active participation of the Claimant and Defendant due to the existence of an anti-suit injunction issued by the UAE Court. The parties had jointly asked the English … Continue reading As a “last resort” trial proceeds without the participation of the parties due to UAE anti-suit injunction

In two recent decisions, the English Courts have demonstrated their willingness to grant injunctions to prevent a party from relying on legally privileged material belonging to the other party to litigation. Legal professional privilege entitles a client to refuse to disclose confidential advice and communications with their lawyers to third parties (such as the court, … Continue reading Courts order injunctions to prevent the use of privileged material

In Thomas Cook Airlines Ltd v British Airline Pilots Association the court refused to grant an interim injunction preventing strike action by a trade union. The British Airline Pilots Association (“BALPA”) were in a dispute with Thomas Cook Airlines Ltd (“Thomas Cook”) over the pay and conditions of the pilots it employed. BALPA union members … Continue reading Interim injunction preventing pilots’ strike refused

In Singh v Weayou [2017] EWHC 2102 (QB), the High Court granted injunctive relief for a period of five years, restraining the defendant from further publishing or causing to be published the words complained of or any other words to the same or similar effect which are false and/or defamatory of the claimant. Background The … Continue reading SINGH V WEAYOU – HIGH COURT GRANTS A FIVE YEAR INJUNCTION RESTRAINING THE PUBLISHING OF FURTHER DEFAMATORY STATEMENTS

Three recent decisions have brought back into the spotlight the importance of complying with injunctive orders and the very serious repercussions that can follow repeated breaches. Kimyani and others v Sandhu [2017] EWHC 1302 (Ch) Facts: Kimyani and others v Sandhu concerned a family dispute. The applicants, three siblings of Ms Sandhu, had been granted … Continue reading Jailed for breaching injunctions: three cases

In Trant Engineering Ltd v Mott MacDonald Ltd [2017] EWHC 2061 (TCC) the High Court was asked to grant an interim injunction to permit access to a building information model (“BIM”). The claimant was employed by the Ministry of Defence as a works contractor to build a £55 million power station in the Falkland Islands … Continue reading Technology and Construction Court grants interim injunction requiring access to a building information model

In Unwired Planet v Huawei Mr Justice Birss has created a new type of injunction – the FRAND injunction. This case forms part of a long-running dispute between Unwired Planet and Huawei relating to the determination of FRAND (Fair, Reasonable and Non-Discriminatory) licensing terms for a portfolio of standard essential (SEPs) telecoms patents. In April … Continue reading Unwired Planet v Huawei: the creation of the frand injunction

In Latin American Investments Ltd v Maroil Trading Inc and another, the High Court ordered the continuation of a freezing injunction after deciding that a shareholder’s claim for specific performance and payment of damages to two joint venture companies did not infringe the “reflective loss” principle, which precludes a shareholder from recovering loss that reflects … Continue reading High Court orders continuation of freezing injunction