Category Injunctions

A NEW YEAR’S RESOLUTION FOR 2017 : EX PARTE APPLICATIONS ARE NO PARTY (AND CAN LEAD TO CRYING)

Last year I had 10 new year’s resolutions for litigators.  This year I have one.  (The resolutions from last year remain current but one resolution is easier to keep) THINK VERY CAREFULLY BEFORE, DURING AND AFTER, MAKING AN EX-PARTE APPLICATION OF ANY KIND 2016 saw several cases where the party that obtained an ex-parte order […]

CIVIL LITIGATION REVIEW OF 2016: PROMISCUOUS BUNDLES & THAT CRAZY LITTLE THING CALLED PROPORTIONALITY

This is the third annual review of the year on this blog. 2016, as ever, has been an interesting year.  As ever, a comprehensive review can be found in Herbert Smith Freehills A litigator’s yearbook: 2016 (England and Wales). PREDICTIONS FROM LAST YEAR Proportionality will remain a big (and largely unresolved) issue. The meaning of […]

OBTAIN AN INJUNCTION: PAY TENS OF MILLIONS IN COMPENSATION: ANOTHER WARNING LESSON

This blog has looked several times at the dangers of obtaining injunctions. A particular danger is the undertaking in damages that has to be given when obtaining an injunction to freeze assets.  The judgment of Mr Justice Males in Fiona Trust & Holding Corporation -v- Yuri Privalov & others [2016] EWHC 2163 illustrates this point. […]

CIVIL CASE OF THE YEAR? AN OPEN LETTER TO ALL THOSE WHO ASSERT THAT “LITIGATION IS VERY MUCH AN OPTIONAL ACTIVITY”

There are many candidates for civil case of the year. I have chosen one that has not made new law or set out any major principles. However it is a case that is symptomatic of the major mistakes made when court fees were vastly increased. It belies, totally, the assertion made in the House of […]

GET AN INJUNCTION – PAY £27 MILLION IN DAMAGES: A POINT WORTH REMEMBERING

The judgment in AstraZeneca AB -v- KRKA dd Novo Mesto [2015] EWCA Civ 484 is one that should be read by anyone thinking of applying for an injunction and giving an undertaking in damages. The claimant obtained an injunction and gave an undertaking in damages. The claimant was subsequently ordered to pay £27 million in […]