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
Unusually, in AAH Pharmaceuticals Ltd v Mercury Pharmaceuticals Ltd and another, the High Court has granted an ex parte mandatory interim injunction. The courts are often reluctant to make such an order, because where the defendant is ordered to take a positive step at an interim stage, there is a greater risk of injustice to … Continue reading Court grants ex parte mandatory interim injunction
In Capgemini India Private Ltd v Krishnan, former employees of Capgemini, following termination of their employment, gave a contractual undertaking to observe post-termination restrictive covenants set out in their contracts of employment. When Capgemini sought to enforce these restrictive covenants by means of an injunction, the employees argued that the underlying restrictive covenant was actually … Continue reading Injunction to enforce restrictive covenant: relevance of employee undertaking to observe restriction
On 26 February 2014, the Supreme Court handed down an important judgment in Coventry (t/a RDC Promotions) v Lawrence relating to the principles of private nuisance, a common law tort, and also when an injured party would be entitled to an injunction in preference to a pure damages remedy. Restoring the trial judge’s original order, … Continue reading Supreme Court ruling relating to injunctions and noise nuisance
In Georgian American Alloys Inc v White & Case LLP, the court granted a permanent injunction to prevent a firm of solicitors from acting for or advising Mr Victor Pinchuk in multi-billion dollar proceedings brought by Mr Pinchuk in the Commercial Court. The judgment illustrates the high threshold required to satisfy the court that sufficient … Continue reading Permanent injunction to prevent solicitors acting in a Commercial Court action
On 5 November 2013, the High Court granted applications for interim injunctions in two cases concerning an alleged refusal to supply “money service businesses” (defined in the Money Laundering Regulations 2007 as “an undertaking which by way of business operates a currency exchange office, transmits money (or any representations of monetary value) by any means … Continue reading Interim injunction granted in refusal to supply case
The applicant in Parvalorem v Oliveira was a Portuguese state-owned organization and the first respondent (a director of the second and third respondent companies) was the subject of criminal proceedings together with associated civil proceedings in Portugal. The applicant had obtained a without notice freezing order as interim relief ancillary to the Portuguese proceedings pursuant … Continue reading Should a freezing order over the domestic assets of a foreign defendant with foreign assets contain the usual exception for payments in the ordinary course of business and/or for living and legal expenses?
Merseyside Waste Disposal Authority (“MWDA”) conducted a procurement exercise for a £1.2 billion contract for the construction and operation of a new energy and waste facility. Covanta was an unsuccessful bidder and commenced proceedings against MWDA claiming manifest procedural errors. Covanta claimed that the contract award should be suspended under Regulation 47G of the Public … Continue reading Injunction granted to prevent award of contract by Merseyside Waste Disposal Authority