Injunctions – Page 2 – Law Journals

Injunctions: The road to East Anglia

Andrew Beck outlines Norwich Pharmacal and explains the two tactical options recently highlighted which can be of both assistance and concern to those within data-sensitive industries ‘Norwich Pharmacal jurisdiction dictates that the applicant must establish that the order sought is necessary to enable it to seek legal redress for a wrongdoing, and that any disclosure …

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Injunctions: Holding the balance

David Sawtell reviews recent guidance on the American Cyanamid test ‘Whether or not damages will be an adequate remedy for either party is, in practice, often difficult to assess. The court will therefore have to predict whether granting or withholding an injunction is more or less likely to cause irremediable prejudice.’Applications for interim injunctions are …

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Injunctions: You snooze, you lose – anti-enforcement injunctions in the English courts

Garbhan Shanks and Harriet Stokes highlight the use of a rare form of injunctive relief ‘Where a party is aware that proceedings against it have been brought in breach of a jurisdiction or arbitration agreement, the first port of call should rightly be to apply for an anti-suit injunction.’In cross-border litigation and arbitration it is …

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Injunctions: A test of strength

Geraldine Elliott and Sarah Bishop discuss a recent decision looking at the fortification of a cross-undertaking in damages ‘The court must make an intelligent estimate of the likely amount of loss which might be suffered as a consequence of an injunction.’ In Energy Venture Partners Ltd v Malabu Oil and Gas Ltd [2014] the Court …

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Injunctions: Remedial work

Jeremy Glover reviews recent case law on interim injunctions ‘The primary commercial expectation must be that the parties will perform their obligations. The expectations created by an exclusion or limitation clause are expectations about what damages will be recoverable in the event of breach, something rather different.’ In the case of AB v CD [2014], …

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Injunctions: Parties behaving badly

Luke Pearce examines the impact of a recent judgment on anti-suit injunctions and vexatious conduct ‘It was necessary, in order to grant a non-contractual anti-suit injunction, to be satisfied of two conditions: first, that England was the natural forum for the resolution of the dispute; and secondly that the conduct of JFC was vexatious, oppressive …

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Injunctions: In the balance

Ben Rayment discusses the continued application of the American Cynamid principles under the new Public Procurement Remedies Regime ‘Once the applicant for an interim injunction has passed the hurdle of a serious issue to be tried they must also demonstrate that damages would not be an adequate remedy, and, in the event that this is …

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Injunctions: Liverpool FC: own goal?

Andrew Waters highlights the lessons to be learned from RBS v Hicks & Gillett ‘Where an interim injunction is to be mandatory in effect, more stringent conditions are applied by the court because the risk of harm to the innocent party, should the injunction be wrongly granted, is considered to be greater than if the …

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