All posts with the tag: Damages

In Heythrop Zoological Gardens Limited (t/a Amazing Animals) and another v Captive Animals Protection Society, the Intellectual Property Enterprise Court refused to grant an interim injunction preventing publication of photographs and videos taken by animal rights campaigners.  It held there was an insufficient likelihood that the claimant zoo would obtain a final injunction at trial … Continue reading IPEC refuses to grant interim injunction against animal rights campaigners

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

Ottercroft Ltd v Scandia Care Ltd and Rahimian, a recent decision of the Court of Appeal, reinforces the principle that where a defendant acts high-handedly and breaches undertakings, the court is more likely to grant a mandatory injunction even if the infringement is minor.  This is to serve as a lesson to others.  The case … Continue reading Injunctions and rights to light

On 12 February 2016, the Court of Appeal considered an appeal against an injunction enforcing a negative obligation, and expressed doubts about applying the guidance on the discretionary exercise involved in deciding whether or not to grant an injunction given by the Supreme Court in Coventry (t/a RDC Promotions) v Lawrence [2014] UKSC 13. D … Continue reading Court of Appeal considers extent of judicial discretion when awarding damages in lieu of an injunction

We recently reported (see here) on the first case of its kind under the newly expanded UK regime for competition damages claims, which saw the first application to the CAT for an injunction under section 47A of the Competition Act 1998. That case settled (see here) in January before the CAT could hear the injunction … Continue reading New injunction application brought before the Competition Appeal Tribunal

In the first case of its kind under the newly expanded UK regime for competition damages claims, on 22 December 2015, NCRQ Ltd applied to the Competition Appeal Tribunal (“CAT”) for an injunction restraining the Institute of Occupational Safety and Health (“IOSH”) from continuing to abuse its dominant position. The application is made as part … Continue reading First interim injunction application in the Competition Appeal Tribunal

On 16 September 2015, Mr Justice Warby granted mandatory and prohibitory final injunctions and made an award of damages against the unknown operators of the “Solicitors from Hell UK” website (“”). This case is believed to be the first time that an English court has made an award of damages against “persons unknown”. It is … Continue reading Permanent injunction and damages granted against person(s) unknown

On 28 September 2015, the High Court handed down a judgment granting an application by the the London Borough of Merton to lift the automatic suspension on its award of a contract for CCTV and traffic monitoring services (Openview Security Solutions Ltd v The London Borough of Merton Council). The award of the contract was … Continue reading Automatic suspension lifted by the High Court

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

On 14 July 2015, Mr Justice Coulson handed down a substantive judgment in a case brought against Milton Keynes Council (the “Council”) by a company challenging a procurement procedure in relation to the award of a £10 million framework agreement (Woods Building Services v Milton Keynes Council).  The court held that the Council’s tender evaluation … Continue reading High Court refuses to grant mandatory injunction in procurement challenge