On 27 October 2014, the High Court rejected HM Treasury’s (“HMT”) application to lift the automatic suspension of a public contract before it was entered into under regulation 47G of the Public Services Regulations 2006. The proceedings were brought by Edenred (UK Group) Limited and challenged HMT’s decision that the Government’s new tax free childcare … Continue reading High Court dismisses application to lift automatic suspension in procurement action

Copyright holders have secured another victory in their battle against infringing file-sharing sites in 1967 Ltd v British Sky Broadcasting Ltd.  Applying the principles set out in his recent judgment in Cartier v BSkyB (full judgment available here), Arnold J granted an order under section 97A of the Copyright, Designs and Patents Act 1988 requiring … Continue reading High Court applies Cartier v BSkyB principles to copyright infringement case

The recent Court of Appeal decision of Sunrise Brokers LLP v Rodgers is a helpful decision for employers seeking to hold errant employees to their notice periods without having to pay them in circumstances where they are unwilling to work. Rodgers was employed by Sunrise as a UK-based broker on an initial three year fixed-term, … Continue reading Injunction would not have effect of compelling employee to work

Cartier International AG and others v British Sky Broadcasting Ltd and others was a test case in which the court held that trademark holders may be granted site-blocking injunctions against internet service providers (“ISPs”). In the judgment, Mr Justice Arnold considered the nature of the court’s jurisdiction to award injunctive relief and concluded that the … Continue reading Cartier v BSkyB: court considers scope of jurisdiction to make injunctions

In U&M Mining Zambia v Konkola Copper Mines, the Commercial Court continued a worldwide freezing injunction in support of sums awarded by a London arbitration tribunal despite “serious and numerous” breaches of the claimant’s duty to give full and frank disclosure. Mr Justice Teare considered that the nature of the breaches suggested that the appropriate … Continue reading Worldwide freezing order in support of arbitral award continued despite “serious and numerous” breaches of duty to give full and frank disclosure

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

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