All posts with the tag: Cross-undertaking

The judgment of Mr Justice Males in Fiona Trust & Holding Corporation v Privalov and others helpfully illustrates the courts’ approach to assessing whether a defendant has suffered loss as a result of an incorrectly granted freezing order, for the purpose of enforcing the claimant’s cross-undertaking in damages. The decision confirms that the court should … Continue reading Cross-undertaking in damages: assessment of loss

In Holyoake and another v Candy and others, the High Court has granted the first stand-alone “notification injunction” (or notification order), which can be viewed as a less invasive alternative to a freezing injunction.  A notification injunction requires a defendant to give notice to a claimant before disposing of or dealing with particular assets where … Continue reading High Court grants first stand-alone notification injunction

In Wood and another v Baker and others, the High Court considered a without notice application by joint trustees in bankruptcy for a freezing injunction over assets of companies which were being used by the bankrupt to conceal money and avoid his obligations to disclose assets to the trustees (under section 333 of the Insolvency … Continue reading Injunctive relief pierces the corporate veil

In Smith & Nephew Plc v ConvaTec Technologies Inc the Court of Appeal granted a stay of a final injunction pending an application to the Supreme Court for permission to appeal. ConvaTec owns a patent concerned with a process for the silverisation of gel-forming fibres used in wound dressings.  The patent has a long and … Continue reading Court of Appeal stays injunction pending application for permission to appeal in patent infringement case

In Peak Hotels and Resorts Ltd v Tarek Investments Ltd and others, the High Court considered whether a change of circumstances had occurred to justify the reduction of a sum paid into court in fortification of a cross-undertaking in damages.  The court also considered the circumstances in which it had jurisdiction to order an interim … Continue reading Fortification of cross-undertaking in damages

In JSC Mezhdunarodniy Promyshlenniy Bank v Pugachev, the Court of Appeal considered a number of issues arising out from a freezing order which had been granted in support of Russian proceedings. Most notably, the court confirmed that: it had jurisdiction under the disclosure provisions in the freezing order to order the member of a class … Continue reading Freezing orders, discretionary trusts and unlimited cross-undertakings

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

The UK Government’s Department for Business, Innovation and Skills (“BIS”) has published a consultation on proposed revisions to the Competition Appeal Tribunal (“CAT”) rules of procedure (the “CAT Rules”). The amendments to CAT Rules have been made in the context of wider competition reforms in the UK and in particular in light of the Consumer … Continue reading The Competition Appeal Tribunal’s power to grant injunctions

In Les Laboratoires Servier v Apotex, the Supreme Court has ruled on the availability of the defence of illegality (“ex turpi causa non oritur actio”; from a dishonourable cause an action does not arise) in the context of a patent dispute, and in particular whether it barred the recovery of damages under a cross-undertaking where … Continue reading Does the defence of illegality bar the recovery of damages under a cross-undertaking?

In Energy Venture Partners v Malabu Oil and Gas, the Court of Appeal considered for the first time the question of what is the appropriate test to apply when determining whether fortification of the cross-undertaking in damages should be provided. This is a case and an appeal with an odd and long procedural history, almost … Continue reading The test whether to order fortification of the cross-undertaking in damages