Injunctions

Court of Appeal clarifies test for establishing existence of assets for freezing injunctions

The Court of Appeal has held that, to obtain a freezing injunction, an applicant must establish either a “good arguable case” or “grounds for belief” that assets exist. It rejected the higher threshold of a “likelihood” that assets exist, but … Continue reading

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Court of Appeal clarifies test for risk of dissipation of assets for notification injunctions

The Court of Appeal has held that a notification injunction (an order requiring a respondent to give notice of any dealings with or disposal of assets or other transactions that fall within the scope of the order) drawn in wide … Continue reading

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Court of Appeal finds third party who conspired with defendant to breach freezing order could be liable for tort of conspiracy to injure by unlawful means

In a claim by JSC BTA Bank against the son-in-law of its former Chairman alleging conspiracy to injure by unlawful means, the Court of Appeal held that breach of the terms of a freezing order could qualify as the requisite … Continue reading

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Springboard injunction granted for misuse of confidential information relating to production process

The High Court has recently considered when, and for how long, injunctive relief should be granted as a remedy for breach of confidence: Kerry Ingredients (UK) Limited v Bakkavor Group Limited and others [2016] EWHC 2448 (Ch). Here the confidential … Continue reading

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Filed under Confidentiality, Injunctions

Supreme Court upholds celebrity injunction

The Supreme Court has today allowed an appeal by a celebrity (PJS) seeking an injunction preventing publication of details of his private life, by a majority of four to one: PJS v News Group Newspapers Ltd [2016] UKSC 26.  In … Continue reading

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Filed under Confidentiality, Injunctions

Supreme Court clarifies scope of “assets” covered by a freezing order

In a unanimous decision, the Supreme Court has confirmed that the right to draw down under loan agreements is caught by the expanded definition of "asset" contained in the current standard Commercial Court form of freezing order which includes "any … Continue reading

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Filed under Injunctions, Interim applications

Upcoming webinars: freezing orders, class actions and contracts

Over the next few weeks we will be delivering a number of disputes-related webinars for Herbert Smith Freehills clients and contacts, including on:¬†what to do when you’ve been given notice of a freezing order; the increasing risk of class actions … Continue reading

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Filed under Announcements, Collective actions, Contract, Injunctions

Court of Appeal clarifies jurisdiction to order disclosure in support of freezing injunctions

Very often, when seeking to obtain a freezing injunction, the true extent of the defendant’s assets is unclear. Complex and opaque offshore corporate or trust structures may mask the true ownership of assets. A mere connection between a defendant and … Continue reading

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Filed under Fraud, Injunctions

Article published on effect of settlement offers in non-money claims

A recent Court of Appeal decision provides useful guidance on how the court will determine the effect of a “without prejudice save as to costs” (or Calderbank) offer in a non-money claim: Coward v Phaestos Limited and others [2014] EWCA … Continue reading

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Filed under Announcements, Injunctions, Settlement

Court of Appeal confirms test for fortification of cross-undertaking in damages

The Court of Appeal has upheld an order requiring the claimant to fortify its cross-undertaking in damages after it obtained a worldwide freezing order against the defendant: Energy Ventures Partners Ltd v Malabu Oil & Gas Ltd [2014] EWCA Civ … Continue reading

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