The High Court’s recent decision in Gerald Metals SA v Timis and others may make the concept of emergency arbitration less attractive to parties.  The decision suggests that a party will not be able to seek emergency relief from the courts where the system of rules set out in an arbitration agreement provides for emergency … Continue reading Risk that court sanctioned injunctive relief may not be available where emergency arbitrators are available

The judgment of Lord Justice Longmore in Kazakhstan Kagazy plc and others v Zhunus and others helpfully explains that a freezing injunction may be granted in cases where a cause of action does not yet exist, provided it is possible to issue proceedings for the relief in aid of which the injunction is sought (as … Continue reading Court of Appeal decides that freezing injunction can be granted in aid of a contribution notice

In PJSC Tatneft v Bogolyubov and others, Mr Justice Picken granted an application for the discharge of a worldwide freezing order previously obtained by the claimant, PJSC Tatneft, against the four defendants.  The application to discharge was brought on the basis that Tatneft’s claim did not amount to a “good arguable case” and/or that there … Continue reading High Court confirms meaning of “good arguable case” test for freezing orders and “risk of dissipation” in context of fraud claims

In R (Interim Executive Board of X) v Ofsted, Mr Justice Stuart-Smith upheld an interim injunction restraining the publication of a negative Ofsted school report, finding there was plausible evidence it could cause widespread and irreparable damage.  The High Court decided that the claimant had established pressing grounds and a pressing social need in exceptional … Continue reading Injunction preventing the publication of Ofsted report upheld pending judicial review application

Following the Supreme Court’s decision on 19 May 2016 to uphold the PJS injunction preventing the media from naming the celebrity and their partner involved in an alleged threesome at the end of 2011, the High Court has approved an agreed final order in the action for breach of confidence and misuse of private information. … Continue reading High Court makes final order as parties agree settlement in “celebrity threesome” injunction case: PJS v Newsgroup Newspapers

In Heythrop Zoological Gardens Limited (t/a Amazing Animals) and another v Captive Animals Protection Society, the Intellectual Property Enterprise Court refused to grant an interim injunction preventing publication of photographs and videos taken by animal rights campaigners.  It held there was an insufficient likelihood that the claimant zoo would obtain a final injunction at trial … Continue reading IPEC refuses to grant interim injunction against animal rights campaigners

On 28 September 2016, Mrs Justice Whipple continued an injunction preventing “person(s) unknown” from using material obtained from Pippa Middleton’s iCloud account (Middleton and another v Person or Persons Unknown). The Sun reported that they had alerted Ms Middleton to the hack after being contacted by an anonymous individual who purported to have 3,000 images … Continue reading Pippa Middleton granted injunction against “person(s) unknown” following iCloud hack

In Kerry Ingredients (UK) Ltd v Bakkavor Group Ltd and others, the High Court granted an injunction in similar terms to an earlier interim injunction for misuse of confidential information under the springboard doctrine, on the basis that the defendant had gained a head start in product development by using the claimant’s confidential information, equivalent … Continue reading Application of springboard doctrine in calculating duration of injunction preventing misuse of confidential information

In Windrush Continental SA v Bitumen Invest A/S, the High Court discharged an interim freezing order in somewhat surprising and unusual circumstances.  The decision confirms the procedurally correct way to vary the terms of an interim freezing order (or other injunction) obtained without notice, while also providing a reminder of the need to use clear … Continue reading Varying the terms of an interim injunction made without notice

The judgment of Mr Justice Males in Fiona Trust & Holding Corporation v Privalov and others helpfully illustrates the courts’ approach to assessing whether a defendant has suffered loss as a result of an incorrectly granted freezing order, for the purpose of enforcing the claimant’s cross-undertaking in damages. The decision confirms that the court should … Continue reading Cross-undertaking in damages: assessment of loss

A blog to report on the important and developing area of the law as it relates to injunctions