All posts with the tag: Contempt

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

A short judgment from Mr Justice Henderson on 22 July 2016 in the case of Haederle v Thomas, is a reminder of the importance of “crossing every T” when it comes to the wording of freezing injunctions, not least if one wishes for the injunction to carry a criminal sanction. In this case Mr Haederle … Continue reading Minor but uncorrected error in freezing injunction defeats committal application

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 Sloutsker v Romanova, Mr Justice Warby considered the principles for granting an injunction in a publication case where default judgment had already been entered. The claimant was a Russian citizen with strong ties to England. He brought an action against a Russian journalist in respect of a number of defamatory publications which involved allegations … Continue reading Grant of an injunction in a publication case where default judgment has been entered

ADM Rice Inc v Corporacion Comercializadora De Granos Basicos SA and others is an example of the increasing use of contempt in cases where defendants are totally unresponsive to disclosure obligations which are imposed ancillary to a freezing order.  In a judgment which will rival this post for brevity, Mr Justice Philips imposed 18 month … Continue reading 18 month prison sentences imposed for non-compliance with freezing order

On 24 June, the Lord Chief Justice, Lord Thomas, issued Practice Guidance on Committal for Contempt of Court. The Guidance is intended to clarify aspects of the Practice Direction on Committal for Contempt issued in March 2015 (see our post here), which explained the operation of the fundamental principle that applications for committal of contempt … Continue reading Guidance on the Practice Direction on Committal for Contempt of Court

In BUQ v HRE, Mr Justice Warby granted the claimant summary judgment and a permanent injunction prohibiting the disclosure of private information even though a cross-application to commit the claimant for contempt of court was to be determined at a later date. Facts The claimant was the CEO of a large group of companies and … Continue reading Summary judgment and permanent injunction granted prohibiting the disclosure of private information despite cross-application for contempt to be determined at a later date

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

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