All posts with the tag: Breach

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 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

On 4 November, Mr Justice Nicol handed down an anonymised judgment in ERY v Associated Newspapers Limited.  It focuses on two important issues.  First, the necessary likelihood of the matters sought to be restrained by an injunction.  Second, the extent to which police investigations into individuals give rise to a reasonable expectation of privacy and … Continue reading High Court extends privacy injunction to prevent publication of information regarding police investigation

In Stretchline v H&M the High Court denied injunctive relief to prevent further infringement of a patent in a case relating to breach of a settlement agreement. Background The action was originally commenced as an action for breach of the settlement agreement and patent infringement.  The infringing products in question were undergarments, primarily bras, which … Continue reading Breach of Settlement Agreement: High Court Denies Injunctive Relief to Prevent Further Infringement of Patent

The decision of Mr Justice Peter Smith in Sports Direct International plc v Rangers International Football Club plc and another [2016] EWHC 85 (Ch) to refuse to commit the respondent for contempt for alleged breach of an injunction shows the caution that the court will sometimes show when it comes to seeking to enforce injunctive … Continue reading A level playing field for contempt – Sports Direct International v Rangers

On Thursday 4 February, Olswang hosted a cross-disciplinary seminar, chaired by High Court judge, Mr Justice Birss, on the changing face of injunctions in the age of the internet and mass data. With contributions from experts in intellectual property, digital litigation, commercial litigation and employment law, the discussion covered a range of new developments, with … Continue reading Injunctions in the digital age

In One Money Mail Ltd v Ria Financial Services and another [2015] EWCA Civ 1084, the Court of Appeal helpfully restated the test for enforceability of pre-termination restraints of trade and concluded that a third-party competitor had tortiously induced breach of such a restraint. This agency dispute set in agricultural Herefordshire provided fertile ground for … Continue reading Court of Appeal restates test for enforceability of pre-termination restraints of trade and finds tortiously induced breach

The Court of Appeal has exercised its discretion to hear an appeal from a party who was in contempt of several earlier court orders, in Hin-Pro International Logistics Ltd v Compania Sud Americana De Vapores SA. Several anti-suit injunctions had been made by lower courts prohibiting the appellant, Hin-Pro, from pursuing proceedings in China in … Continue reading Court of Appeal hears appeal from party in contempt of court

In Aitken v DPP , Mr Justice Warby in the High Court (giving the lead judgment for a panel of three judges) held that individuals such as newspaper editors can be convicted under section 39(2) of the Children and Young Persons Act 1933 of the offence of breaching reporting restrictions, which applies to “any person … Continue reading High Court dismisses newspaper editor’s appeal against conviction and fine for publication of a story in breach of an anonymity order

On 26 March 2015, the Lord Chief Justice, Lord Thomas, issued a new Practice Direction on Committal for Contempt of Court. The Practice Direction, which is expressed as applying to all proceedings for committal for contempt of court, explains how the principle of open justice (the general rule that hearings should take place and judgments … Continue reading New Practice Direction on Committal for Contempt of Court