All posts with the tag: Jurisdiction

The claimant in ICICI Bank UK plc v Diminco NV was an English Bank, a wholly owned subsidiary of one of the largest banks in India, operating through its Antwerp branch. The defendant was a distributor of diamonds based in Antwerp and operating in eight countries (not including the UK). The claimant had provided substantial … Continue reading Worldwide freezing and disclosure relief denied in aid of a Belgian claim, in an application under section 25 Civil Jurisdiction and Judgments Act 1982

Santander UK plc v National Westminster Bank plc concerned the granting of various Norwich Pharmacal orders in favour of Santander UK plc against other banks, the customers of which wrongly received funds following mistaken electronic payments by Santander into the wrong accounts. Norwich Pharmacal orders allow an applicant to obtain an order from the court … Continue reading Norwich Pharmacal applications in the context of unjust enrichment and some practical advice

The recent decision of the Court of Appeal in Bank St Petersburg OJSC v Vitaly Arkhangelsky is a rare example of an English court granting an anti-enforcement injunction to enjoin a party from enforcing a foreign judgment, albeit on an interim basis. The starting point for the decision was in Russia, where the claimant obtained … Continue reading The Court of Appeal grants rare anti-enforcement injunction

The County Court Remedies Regulations 2014 came into force on 22 April 2014, conferring additional powers on the County Court in relation to freezing injunctions and search orders. The 2014 Regulations replaced 1991 Regulations of the same name, which expressly removed the court’s jurisdiction to grant freezing injunctions. There is no equivalent provision in the … Continue reading The County Court Remedies Regulations 2014: new powers for the new unified County Court

Credit Suisse Trust v Banca Monte Dei Pasche Di Siena involved two separate but linked applications for Norwich Pharmacal orders against Italian banks. Norwich Pharmacal orders allow the applicant to obtain information from a third party mixed up in the proceedings to identify, and therefore allow for a claim against, the wrongdoer. A trust, of … Continue reading Jurisdiction to grant Norwich Pharmacal order against a party outside the jurisdiction if they have a branch within it