All posts with the tag: Costs

In considering an application to vary the terms of a freezing order to, amongst other things, increase the amount of the respondents’ assets to be frozen, Mr Jeremy Cousins QC (sitting as a Deputy Judge of the Chancery Division) confirmed in Thevarajah v Riordan and others that there is a well-established practice of including an … Continue reading Freezing orders: High Court confirms practice of including element for costs in sum frozen

In a further judgment in the Pugachev litigation (see our previous post here), Mr Justice Hildyard considered the following questions: whether a defendant who had been ordered to face cross-examination on his assets disclosed pursuant to a freezing order should be ordered to pay the costs of the cross-examination itself, and if so whether on … Continue reading Guidance on costs of cross-examination on assets disclosed pursuant to a freezing order

With so many businesses operating across borders, the ability to obtain interim relief on a pan-European basis is an extremely powerful remedy. However, brand owners should consider shopping around for the most favourable forum. The infringement of a registered trademark can cause irreparable damage to the reputation, image and value of a brand, over and … Continue reading Overview of interim relief in trademark actions across Europe

Following the Court of Appeal’s judgment in popstar Rihanna’s passing off claim against Arcadia Group (the owners of Topshop), the court has also dismissed Arcadia’s appeal on costs. In deciding that Arcadia should pay Rihanna’s costs – estimated at £1 million – the Court of Appeal rejected the appellants’ arguments that the level of costs … Continue reading Court of Appeal dismisses Arcadia’s appeal on costs in Rhianna and Topshop case

Iouri Chliaifchtein v Wainbridge Estates Belgravia Limited is a comparatively rare example of a reported case concerning an injunction granted to prevent the alleged breach of a party wall award. In this case the defendant sought its costs of an injunction obtained against it by the claimant on the basis that the injunction had been … Continue reading Costs consequences for defendant of injunction to restrain breach of party wall award

What is the appropriate costs order when some allegations of contempt have been proved, but not all? In PJSC Vseukrainskyi Aktsionernyi Bank v Maksimov, Hamblen J was faced with a finding of contempt that had been admitted from the outset and another finding of contempt which he thought proven but “technical”, but several other allegations … Continue reading Cost consequences following findings of contempt

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

JSC BTA Bank v Ablyazov concerned an application by BTA Bank for the costs of compliance with a Norwich Pharmacal order to be paid by the respondent, Mr Tyschenko. Mr Tyschenko was a Ukrainian businessman with interests in a range of oil, gas, banking and real estate assets. The bank’s case was that he was … Continue reading Norwich Pharmacal orders: when respondent can be ordered to pay applicant’s costs