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

Cosmetic Warriors Ltd v Amazon.co.uk Ltd concerned the form of injunction granted in a trademark infringement case in the context of keyword use.  Amazon had been held to have infringed the community trade mark (“CTM”) LUSH (that also being the trading name of Cosmetic Warriors) via its use of the keyword LUSH in sponsored adverts … Continue reading Form of injunctive relief to be imposed in trade mark infringement case

In Ashworth v The Royal National Theatre, the High Court rejected an application by a group of professional musicians for an interim injunction in relation to or specific performance of their contract with the National Theatre. The claimants were engaged to play live during the theatre production War Horse. However, the defendant decided that the … Continue reading Specific performance: court rejects application for an interim injunction or specific performance in relation to musicians’ contract

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

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