All posts with the tag: Enforcement

The European Account Preservation Order (“EAPO”) Regulation will apply in EU Member States other than the UK and Denmark on 18 January 2017.  The Regulation provides creditors with the opportunity to freeze assets in participating Member States on the basis of a single application, and provides creditors with an opportunity to obtain information regarding a … Continue reading European Account Preservation Order Regulation will apply from 18 January 2017

In Cyprus Popular Bank Public Co Ltd v Vgenopoulos and others, the High Court held that a claimant who had obtained an order for the registration of a foreign judgment had no absolute entitlement to protective measures (in the form of a domestic freezing order) under Article 47 of the 2001 Brussels Regulation.  The High … Continue reading No absolute entitlement to domestic freezing order as protective measure when appeal pending against registration of foreign judgment

In Rudolfs Meroni v Recoletos Limited, the Court of Justice of the European Union (“CJEU”) considered whether an English freezing injunction affecting third parties was contrary to public policy under the 2001 Brussels Regulation (Regulation 44/2001) and therefore unenforceable.  Under Article 34 of the Regulation, a judgment of an EU Member State court (which includes … Continue reading CJEU considers whether freezing injunctions affecting third parties are contrary to public policy

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

In Ecobank Transnational Incorporated v Tanoh, the Court of Appeal was asked to consider the Commercial Court’s decision to refuse an anti-enforcement injunction against two foreign judgments. Practical implications This case provides a useful reminder of the factors that will be relevant to the court’s discretion when considering anti-enforcement injunctions. Applicants should be aware of … Continue reading Court of Appeal considers the role of comity and delay in the context of anti-enforcement injunctions

In Arcadia Petroleum Ltd v Bosworth, the High Court granted permission for steps to be taken in Switzerland and Lebanon to enforce a worldwide freezing order (WFO) against defendants, who were alleged to have committed widespread fraud. The judgment illustrates how the Dadourian guidelines (established in Dadourian Group International Inc v Simms and others [2006] … Continue reading Permission granted to enforce worldwide freezing order with protections for respondent

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

The UK’s system for the enforcement of competition law through the courts (as an alternative or in addition to a complaint to a regulator) is set to be overhauled by the Consumer Rights Act 2015, which entered into force on 1 October 2015. As previously reported, the Act amends key legislation governing competition law enforcement … Continue reading The Competition Appeal Tribunal’s power to grant injunctions

In Ecobank Transnational Inc v Tanoh, the Commercial Court confirmed the court’s power to grant anti-enforcement injunctions as a means to prevent a defendant from enforcing a foreign judgment or award in England.  However, it declined to grant an injunction in this case due to the applicant’s unnecessary delay in seeking to restrain the enforcement … Continue reading High Court confirms courts’ power to grant anti-enforcement injunctions

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