In Energy Venture Partners v Malabu Oil and Gas, the Court of Appeal considered for the first time the question of what is the appropriate test to apply when determining whether fortification of the cross-undertaking in damages should be provided. This is a case and an appeal with an odd and long procedural history, almost … Continue reading The test whether to order fortification of the cross-undertaking in damages

MLA is a “talented performing artist” who suffered many years of sexual abuse at school which traumatised him and led to years of severe mental illness. He has authored a semi-autobiographical book which described the past abuse and the illnesses he has suffered as a result. The Court of Appeal described his book as “striking … Continue reading OPO v MLA: Interim injunction granted by the Court of Appeal under principle in Wilkinson v Downton

Blue Holdings (1) Pte Ltd and Blue Holdings (2) Pte Ltd v United States was an appeal against a High Court decision to continue an interim freezing injunction which had been granted to the United States under section 25 the Civil Jurisdiction and Judgments Act 1982 (the “CJJA”) in support of forfeiture proceedings in the … Continue reading No freezing injunction in support of foreign proceedings under section 25 of the Civil Jurisdiction and Judgments Act 1982 where the purpose is to circumvent the Proceeds of Crime Act regime for relief

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

In October 2013, Gatwick Airport Limited (“GAL”) commenced a tender procedure in relation to the provision of air navigation services and maintenance and repair services.  The incumbent services provider, NATS (Services) Limited (“NATS”), submitted its best and final offer on 2 June 2014 and was notified in July 2014 that it had been unsuccessful. NATS … Continue reading Another automatic contract suspension upheld

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 Prophet plc v Huggett the Court of Appeal decided that the High Court should not have read words into and then enforced a post-termination restrictive covenant which, as originally drafted, offered the former employer no protection. The High Court granted an injunction enforcing a non-compete post-termination restrictive covenant which stopped Huggett from joining a … Continue reading High Court should not have read words into badly drafted restrictive covenant

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

Following the entry into force of the Public Contracts (Amendment) Regulations 2009, which implemented the new public procurement Remedies Directive, an aggrieved economic operator who wishes to prevent a contract award no longer needs to apply for an interim injunction.  Under the new rules, a standstill period of at least 10 to 15 calendar days … Continue reading Court of Appeal applies American Cyanamid principles in rejecting application to lift automatic contract suspension

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