All posts with the tag: Mandatory Injunction

Using the principles established in recent cases related to online anonymous defamation, the High Court has granted an injunction and damages of £10,000 against persons unknown responsible for anonymous defamatory material (Smith v Unknown Defendants). The claimant writes the “Matthew Hopkins: The Witchfinder General” blog and is a former borough councillor in Welwyn Hatfield.  The … Continue reading High Court grants relief against persons unknown in online libel case

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 (“SFHUK.com”). 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

In Lebara Mobile Ltd and others v Lycamobile UK Ltd and others, the High Court refused an injunction in a “net neutrality” case.  The injunction was intended to remove a blocking mechanism which Lyca had imposed to prevent its own customers from accessing Lebara’s websites over its mobile network, and in particular a new VoIP … Continue reading Injunction refused in “net neutrality” case

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

In Jacobs E&C Limited v Laker Vent Engineering Ltd, the High Court considered the interaction between two applications which had been made to the court in respect of a dispute which was subject to arbitral proceedings: an application for an interim mandatory injunction in support of arbitration under sections 44(2)(e) and 44(3) of the Arbitration … Continue reading Interaction between applications for an interim mandatory injunction and for a stay of proceedings under the Arbitration Act 1996

In Vitol SA v Morley, the Commercial Court refused an application that a defendant which was subject to a worldwide freezing order bring a sum of money into the jurisdiction to pay into court. The claimant alleged that the defendant had paid sums to a company connected with it (the “Company”) despite its position that … Continue reading Court refuses claimant’s application that defendant bring monies into the jurisdiction

The claimant in Filmflex Movies Ltd v Piksel Ltd issued an application seeking a mandatory interim injunction for the delivery up to it of source code (which had been used to develop software for video on demand technology) on the basis that it was contractually entitled to the same (the “Application”).  The claimant claimed that … Continue reading The “Interim interim” injunction

In AmTrust Europe Ltd v Trust Risk Group SpA, the claimant sought an interim mandatory injunction requiring the defendant to pay €32 million into a trust account.  The defendant challenged the jurisdiction of the court.  There were two separate different agreements between the parties with differing provisions as regards jurisdiction and arbitration.  Mr Justice Blair … Continue reading Commercial Court grants mandatory injunction where conflicting agreements on jurisdiction and arbitration

The High Court has handed down a further judgment in the aftermath of Cartier v BSkyB, where Arnold J had granted orders requiring Internet Service Providers (ISPs) to block several websites selling counterfeit goods. The latest ruling concerns the precise wording of those orders, specifically regarding the blocking of IP addresses which might affect other … Continue reading Cartier v BSkyB: court rules on wording of website blocking order

Copyright holders have secured another victory in their battle against infringing file-sharing sites in 1967 Ltd v British Sky Broadcasting Ltd.  Applying the principles set out in his recent judgment in Cartier v BSkyB (full judgment available here), Arnold J granted an order under section 97A of the Copyright, Designs and Patents Act 1988 requiring … Continue reading High Court applies Cartier v BSkyB principles to copyright infringement case