Category Archives: Commercial Litigation

In PJSC Tatneft v Bogolyubov and others [2018], the defendant (‘D’) applied to vary the terms of a worldwide freezing order to provide that an asset list that he had previously disclosed would constitute the only asset disclosure that he would be required to provide, despite it not being comprehensive. The basis for the application … Continue reading COMMERCIAL COURT REINFORCES THE REQUIREMENT OF FULL DISCLOSURE OF ASSETS FOR FREEZING ORDERS

In Berry Recruitment Ltd v Brooke Donovan (2018), the claimant recruitment company (“B”) applied for an interim injunction against the defendant Brooke Donovan to prevent her breaching post-termination restrictive covenants where the evidence clearly demonstrated that breaches had caused significant financial damage to the company and its relationships with customers. Donovan’s contract contained non-solicitation and non-dealing … Continue reading An interim injunction was granted to a recruitment company against a former employee to prevent her breaching post-termination restrictive covenants in her employment contract

In Jones v Birmingham City Council and another [2018], the Court of Appeal dismissed an appeal by Mr Jones contending that a civil injunction granted against him and other alleged members of a gang were incompatible with his rights under Article 6 of the European Convention on Human Rights (ECHR). Mr Jones was involved with … Continue reading Civil Injunction obtained by local authority for the purpose of preventing gang-related violence not incompatible with Article 6 ECHR

Earlier this month, the Court of Session heard an application from Bilfinger Construction UK Limited (“Bilfinger”), a core participant in the Edinburgh Tram Inquiry (the “Inquiry”), which sought to prevent documents being published on the Inquiry’s website. Bilfinger’s application for interdict was refused on the grounds that Bilfinger failed to show that the Chairman of … Continue reading Open sesame: Court refuses to prevent disclosure of “commercially sensitive” information in public inquiry

In Gulf Air BSC v One Inflight Ltd and others [2018] EWHC 1019 (Comm), several defendants failed to have freezing orders against them set aside on the basis there was a failure to establish a risk of dissipation of assets. In April 2015, Gulf Air entered into a contact for in-flight entertainment services with Global … Continue reading High Court rejects application to set aside freezing orders in Gulf Air Fraud Case

In Akcine Bendrove Bankas Snoras v Antonov, the Commercial Court had to consider the interpretation of a standard undertaking given in support of a worldwide freezing order (the WFO) obtained by a Lithuanian Bank against two former directors, not to seek to enforce the WFO outside of England and Wales nor to seek an order … Continue reading Undertakings as part of worldwide freezing orders will be construed narrowly

In Owners of the Ship “Al Khattiya” v Owners and/or Demise Charterers of the Ship “Jag Laadki” [2018] EWHC 389, the court considered an application to stay proceedings on forum non conveniens grounds and to set aside an anti-suit injunction. The basic facts were as follows: • The defendant (D) admitted liability after a collision … Continue reading English Court refuses to set aside anti-suit injunction

In Clarkson Plc v Person or Persons Unknown [2018] EWHC 417 (QB), the court granted the claimant’s application for a final injunction by way of default judgment without holding a hearing. The unknown defendants had illegally obtained sensitive IT information belonging to the claimant, a shipping company, and had threatened to disclose this information unless … Continue reading Court derogates from the “open justice” principle and grants a final injunction without a hearing

High Court refuses to grant a mandatory injunction compelling an unwilling supplier to recommence its supply of goods and services under a disputed contract. In Vibrant Doors Ltd v Rohen UK Ltd [Unreported] (15/03/2018), the claimant applied for a mandatory injunction requiring the defendant to continue making supplies for at least six months under the … Continue reading High Court refuses to grant a mandatory injunction compelling an unwilling supplier to recommence its supply of goods and services under a disputed contract

A company applied for a worldwide freezing order against “persons unknown”. The application related to an alleged fraud which had been committed by unknown persons infiltrating the email account of one of the company’s senior management. Those persons then impersonated the senior manager to send payment instructions to other staff. As a result, a number … Continue reading Court grants a worldwide freezing order against “persons unknown” in connection with an alleged fraud