In MTP Group Ltd v Peel and others the court dismissed (i) an application for a springboard injunction to prevent the defendants gaining a competitive advantage through dealing or contracting with particular customers; and (ii) a permanent injunction that sought to enforce the defendant’s confidentiality obligations to prevent the alleged misuse of confidential information. The … Continue reading High Court dismisses springboard injunction application in breach of confidentiality claim

The Inner House recently set out that the first and most important consideration in determining whether to grant interim interdict (injunction) is whether the party seeking interdict has made a prima facie case of entitlement to that remedy. (Co-authored with Lorraine Walkinshaw) Interim Interdict The criteria for the grant of interim interdict is set down … Continue reading Reconsideration of first principles: Interdict applications in Scotland

In Football Association Premier League Ltd v British Telecommunications plc and others, the High Court granted the Football Association Premier League Ltd (“FAPL”) a blocking order targeting streaming servers. Background In FAPL v Sky [2013] EWHC 2058, FAPL was granted an interim injunction against the major UK ISPs (including Sky, TalkTalk and Virgin Media). This required … Continue reading FAPL v ISPs – the next fixture of the Premier league season

In Brevan Howard Asset Management LLP v Reuters Limited and others, Mr Justice Popplewell in the High Court granted an application for an interim non-disclosure order preventing the publication or use by a news agency of information contained in documents supplied by Brevan Howard Asset Management LLP (“BHAM”) to 36 potential professional investors. Facts The … Continue reading High Court grants interim injunction against news agency in breach of confidentiality claim

In Candy and others v Holyoake and another, the Court of Appeal ruled that a wide-ranging “notification injunction” granted by the High Court last year was not a distinct type of injunction.  It was, in effect, a modified version of a freezing order, and the same test of risk of dissipation of assets applied as … Continue reading Court of Appeal rules wide-ranging “notification injunction” is not a distinct type of injunction

In Khrapunov v JSC BTA Bank, the Court of Appeal has ruled that a third party who helped a defendant dissipate his assets in breach of a worldwide freezing order and receivership order is liable for conspiracy to injure by unlawful means.  Contempt of court for breach of the court order qualified as the requisite … Continue reading Court of Appeal rules contempt of court constitutes “unlawful means” in claim for conspiracy to injure

In Aline Tramp SA v Jordan International Insurance Company (CL-2016-000263) and The London Steam-Ship Owners’ Mutual Insurance Association Limited v Jordan International Insurance Company (CL-2016-000264), a Claimant vessel owner and insurer sought anti-suit injunctions, on the basis of an arbitration clause and a purported exclusive jurisdiction clause respectively, where proceedings relating to damaged cargo had … Continue reading Hamburg Rules on jurisdiction not a block to an anti-suit injunction

In Frederic Marino v FM Capital Partners Ltd, the Court of Appeal upheld a decision not to vary a proprietary freezing order to allow the defendant recourse to proprietary assets in order to meet his living and legal expenses.  The case can be viewed as a restatement of the principle that the subject of a … Continue reading Court of Appeal refuses request to vary freezing order to meet living and legal expenses

In Ramilos Trading Limited v Valentin Mikhaylovich Buyanovsky, the High Court rejected the applicant’s request for a Norwich Pharmacal Order (“NPO”).  In rejecting the application, Mr Justice Flaux analysed a number of independent elements that must be present in order to grant an NPO, culminating in a significant judgment which both clarifies existing ambiguities while … Continue reading Role of Norwich Pharmacal relief in foreign proceedings and new threshold test for determining if “wrongdoing” has occurred

Two years ago, Olswang’s Litigation and Intellectual Property teams started The Injunctions Blog to monitor every significant judgment relating to injunctions. This has been another full year of such judgments, emanating from all areas of litigation including intellectual property, fraud, media, arbitration and employment, all covered on our blog.  We have prepared a note setting … Continue reading Injunctions: the top 10 cases of 2016

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