Privy Council restatement of the law on freezing and other interim injunctions

15 February, 2022
In a recent judgment, the Privy Council has delivered a “ground-breaking exposition of the law of injunctions” (in the words of the Master of the Rolls), including a restatement of the test for freezing injunctions. Although the analysis is technically obiter dicta, it will be highly influential on any English or other common law court … Read more

High Court considers where cryptocurrencies are located and compels disclosure of information by cryptocurrency exchanges outside the UK

24 February, 2021
On 22 December 2020, the High Court ruled on an ex parte interim application involving allegations of fraud in relation to a cryptocurrency initial coin offering (ICO). An ICO, similar to an initial public offering or IPO, is a fund-raising exercise but which seeks to raise finance through the creation of a cryptocurrency or cryptographic … Read more

Two interesting decisions on freezing injunctions

11 September, 2020
Recent posts on our Civil Fraud and Asset Tracing Notes blog highlight two interesting decisions on freezing injunctions. In the first, the Court of Appeal clarified that, in the absence of an established pattern of trading, expenditure pursuing a fledgling business is unlikely to fall within the “ordinary and proper course of business” exception to … Read more

Court of Appeal refuses injunction against defendant’s solicitors who received claimant’s confidential information when acting for previous opponent

08 June, 2020
The Court of Appeal has upheld a decision refusing to grant an injunction to restrain a firm of solicitors acting for a defendant in circumstances where they had previously obtained relevant confidential information belonging to the claimant: Glencairn IP Holdings Ltd v Product Specialities Inc (t/a Final Touch) [2020] EWCA Civ 609. The solicitors had … Read more

High Court finds evidence of without prejudice discussions should be admitted to establish real risk of dissipation of assets in support of freezing injunction

22 May, 2020
The High Court has held that evidence of statements made in “without prejudice” settlement discussions should be admitted in support of an application for a freezing order. The respondents’ threat – to move assets and structure its affairs to frustrate the applicants’ enforcement of a US judgment – fell within the narrow “unambiguous impropriety” exception … Read more

Court of Appeal overturns order permitting use of covert recordings to support claims in civil litigation before breach of confidence claim determined

15 January, 2020
A recent Court of Appeal decision illustrates the court’s approach to the protection of confidential information, emphasising that the question of a party’s entitlement to use material obtained in breach of confidence must be determined before that party can rely on the material in support of separate claims, not at the same time or afterwards: … Read more

Reference to CJEU as to whether EU-domiciled defendant has right to be sued in its state of domicile and to restrain non-EU proceedings by anti-suit injunction

06 January, 2020
The Court of Appeal has made a reference to the CJEU, asking for a preliminary ruling as to whether a defendant domiciled in an EU member state has the right, under the recast Brussels Regulation, to be sued in that state and to obtain an anti-suit injunction restraining proceedings in a non-EU jurisdiction. It further … Read more

Court of Appeal confirms jurisdiction to restrain foreign arbitration even where England is not the natural forum for the dispute

23 July, 2019
The Court of Appeal has partly upheld the injunction granted by the Commercial Court restraining the pursuit of arbitration proceedings seated in Lebanon: Sabbagh v Khoury and others [2019] EWCA Civ 1219. In doing so, it confirmed the power of English courts to restrain a foreign arbitration on grounds that the foreign arbitration is oppressive … Read more