Injunctions

On Thursday 26 March 2015, the Honourable Mr Justice Blair handed down judgment in a dispute arising out of the major fraud that appears to have occurred in connection with a vast quantity of metal held in a bonded warehouse at the port of Qingdao in China. Wanxiang, as the endorsee of two Warehouse Certificates […]

Dominic Kendrick QC and Keir Howie (Instructed by Yvonne Jefferies of Byrne and Partners) acted for the Defendant, Mr Abdourahman Boreh, in his successful application to discharge a worldwide freezing order covering assets worth over $100 million. The Claimants in the action are the Republic of Djibouti and two of its state agencies, and their […]

James Drake QC appeared for the Orb Parties (viz, the Claimants, the Fifth Party and the Seventh Party), leading Paul Greenwood and Nicholas Gibson. Tim Jenns appeared for the Defendant, Mr Ruhan. This is a complex and high value multi-party commercial fraud dispute. After a five day hearing in February 2015 before Mr Justice Cooke, […]

Richard Waller QC, Tim Jenns and Andrew Pearson acted for the Defendant, Mr Andrew Ruhan, in a substantial interlocutory application, in this complex and high value multi-party commercial fraud dispute, which is due to come on for a 4-month hearing before the Commercial Court in late 2016/early 2017. The Defendant brought applications, inter alia (i) […]

Sandra Healy acted for a mortgagee in ship mortgage enforcement proceedings.  Following the arrest of four mortgaged vessels, the mortgagee was granted orders for the sale of the vessels pendente lite and Teare J gave judgment addressing the principles applicable in circumstances where an in rem claimant seeks an order for the sale of a […]

Sandra appeared for non cause of action corporate defendants in an application to discharge a freezing order.  The application raised issues regarding the Court’s Chabra jurisdiction and material non-disclosure. To view the judgment please click here.

Acted for a bunker supplier in a successful application to discharge an anti-suit injunction. The application raised issues about the construction and effect of a non-exclusive jurisdiction clause, the duty of full and frank disclosure and notification of applications. To view the judgment click here.

Appeared in the Commercial Court with Vasanti Selvaratnam QC in proceedings concerning a claim to enforce charterparty guarantees worth over US$40million. To see the judgment click here.

In this case Stephen succeeded in setting aside an injunction obtained ex parte by Stellar Shipping restraining Cosco from selling a 79,000 dwt bulk carrier to a party other than Stellar Shipping.   Stellar Shipping and Cosco had entered into a shipbuilding contract for the construction of the ship with a sale price of US$49.8 million […]

[2011] 2 Lloyd’s Rep. 18 Jonathan Gaisman QC has recently successfully argued in the Commercial Court the case of B v S, which decided that the Scott -v- Avery provision in the FOSFA 54 arbitration clause prevents a claimant in arbitration from applying to the Court for a freezing injunction. The full judgment can be […]

[2011] 2 Lloyd’s Rep 141; [2011] EWHC 181 (Comm) On 24 December 2008, the vessel “SILVA” was arrested, when passing through the Suez Canal. It was arrested by an Egyptian court, in respect of unpaid court fees owed by the unrelated owners of an unrelated vessel. Two years later, it had still not been released, […]

[2010] EWCA Civ 1050; [2011] 1 Lloyd’s Rep. 399 David Bailey QC and Emma Hilliard appeared in Court of Appeal for the successful appellants in an appeal to from the decision to grant an anti-suit injunction.

Jonathan Gaisman QC and Charles Holroyd recently acted in the case of Luxe v Midland, a case which concerned a disappointed buyer’s right to seek proprietary remedies in an international context against the proceeds of sale of a Ukrainian steel group (Zaporizhstal), where it alleged that the seller (Midland) had wrongfully sold to a subsequent […]

Timothy Saloman QC, Jonathan Gaisman QC and James Brocklebank were involved in this dispute (subsequently compromised) concerning the interaction of anti-suit injunctions and non-exclusive jurisdiction clauses.

Appeared with Vasanti Selvaratnam QC before the Commercial Court in a case concerning linked jurisdiction and anti-suit injunction applications. The application raised issues about the law governing ostensible authority and about the separability of jurisdiction clauses. To view the judgment click here.

Court of Appeal — appeal from [2008] EWHC 1842 (Comm) S.J. Phillips and Benjamin Parker – lis alibi pendens and Articles 27, 28, and 30 of the Judgments Regulation—effect of damages claim for breach of jurisdiction clause.

[2009] 1 AC 1138; [2009] 1 Lloyds Rep 413 Timothy Brenton QC and David Bailey QC acted in this matter – Arbitration — Anti-suit injunction — Judicial proceedings commenced in Italy — Alleged breach of arbitration clause for arbitration in London — Whether English court empowered to grant anti-suit injunction to restrain continuation of Italian […]

[2008] 2 Lloyd’s Rep. 269 Robert Bright QC and Jessica Sutherland acted for the Claimant, successfully obtaining a permanent anti suit injunction in support of English arbitration proceedings. The application raised issues as to the interrelationship between sections 1(c) and 44 of the Arbitration Act 1996 and section 37 of the Supreme Court Act 1981. […]

[2008] EWHC 634 (QB) David Bailey Q.C. acted for the Defendant – agency – injunction – arbitration

Commercial Court, March-October 2007 Successfully obtained freezing order, and subsequently summary judgment, in claim for over US$2 million under Bills of Exchange Act 1882.

[2007] 1 Lloyd’s Rep. 104 Gavin Geary – Letter of undertaking – P&I Club – Application to Italian court for arrest of vessel – Club issuing letter of undertaking – Judgment obtained by claimant – Whether judgment valid – Allegation of sharp practice against claimant – Misdescription of beneficiary of LOU – Whether implied term […]

Technology and Construction Court, June 2007 Gavin Kealey Q.C. and Alexander MacDonald acted for the defendant engineering company resisting an application for injunction enjoining company from departing FLAGS Hot Tap Project to carry out work on another North Sea Project.

[2007] 1 Lloyd’s Rep. 391; [2005] 2 Lloyd’s Rep. 257; [2007] 1 All ER (Comm) 794; [2005] 2 All ER (Comm) 240 Timothy Brenton Q.C. and David Bailey – This matter arose out of a collision between a vessel and a jetty in Italy. At the interlocutory stage the matter went to the House of […]

[2005] Lloyd’s Rep I.R.231 Timothy Brenton Q.C. and Jawdat Khurshid acted for the Defendants in a Marine insurance, damage to pipe laying barge by fire. Timothy Brenton Q.C. and Jawdat Khurshid – Insurance (marine) – Conflict of laws – Exclusive jurisdiction clause nominating English courts – Action by insurers seeking negative declaratory relief by reason […]

[2005] 1 Lloyd’s Rep. I.R. 32 (Commercial Court, Morison J.) Gavin Kealey Q.C. led James Brocklebank in Anti-suit and anti-anti-suit injunctions and conflicts of laws in context of insurance. Reinsurance – Conflict of laws – Anti-suit injunction – Proceedings started in England by claimants – Proceedings started by defendants in New York four days later […]

[2004] 2 Lloyd’s Rep. 438; [2004] 1 All ER (Comm) 753 Stephen Hofmeyr QC – Arbitration – Binding authority between underwriters and Lloyd’s broker – Agreement containing inspection clause – Broker refusing inspection – Underwriters commencing arbitration and seeking mandatory injunction from Court ordering inspection – Jurisdiction of Court to make order – Whether order […]

[2003] EWHC 3287 James Drake advised and appeared for the US manufacturer and supplier of resusciation equipment with respect to a dispute with its Swedish/ UK distributor. Successful application for a mandatory injunction in support of London arbitral proceedings.

[2003] 2 Lloyd’s Rep. 571 Timothy Saloman Q.C. led Simon Picken in a dispute under contracts relating to barge mounted electric generation facility at Karachi – Collateral guarantee gave jurisdiction to English Courts – Whether defendants in waiving sovereign immunity consented to English Court having jurisdiction to grant anti-suit injunction – Proper construction of jurisdiction […]

[2001] 2 Lloyd’s Rep 403; [1999] 2 Lloyd’s Rep. 11 Dominic Kendrick Q.C and Simon Kerr – This is an appeal against a judgment of David Steel J., sitting in the Admiralty Court, in two consolidated actions in rem. The judgment awarded the respondents, ‘MSC’, sums in excess of $6million, inclusive of interest and costs, […]

[2001] Lloyd’s Rep IR 553; [2000] 2 Lloyd’s Rep. 102 Jonathan Gaisman QC and Rebecca Sabben-Clare – Practice – Anti-suit injunction – Declaratory relief – Collision in Atlantic – Action brought in Louisiana – Insurers applied for anti-suit injunction and declaratory relief – Consideration of exclusive jurisdiction and English proper law clauses – Whether claim […]

[2000] 2 Lloyd’s Rep. 298 David Edwards acted for two bunker suppliers resisting claims by shipowners and successfully having the proceedings stayed on jurisdictional grounds Practice – Stay of action – Articles 21 and 22 – Claims by suppliers of bunkers to vessel – Vessel arrested in Belgium – Proceedings brought in Belgium and in […]

[1999] 1 Lloyd’s Rep. 620 Alistair Schaff acted in this case on economic duress Sale of goods (f.o.b.) – Agreement – Validity – Sellers sold wheat to buyers – Payment to be cash against listed documents – Demurrage incurred at loading port – Shipping documents rejected for not conforming – Buyers agreed to pay for […]

[1999] 1 Lloyd’s Rep. 43 Alistair Schaff – Admiralty practice – Arrest – Security – French law of arrest – Vessel on demise charter – Repairs to vessel carried out by defendant yard – Charter cancelled for non-payment of hire – Charterers called in receivers – Yard arrested vessel in France – Whether owners liable […]

[1998] 1 Lloyd’s Rep. 379 David Bailey acted in this breach of arbitration agreement – anti-suit injunction Sale of goods (c.i.f.) – Arbitration agreement – Breach – Anti-suit injunction – Sale of soya bean meal pellets – Dispute as to condition of cargo – Defendants brought emergency and substantive proceedings in French Courts – Whether […]

[1999] 1 Lloyd’s Rep. 365 Robert Bright – Towage agreement – Lien – Authority – Actual or ostensible – Agreement for towage of vessels from Canada to India – Instalments of towage price not paid and agreement terminated – Vessels arrived and arrested in Namibia – Whether second defendants had actual or ostensible authority to […]

[1997] 1 Lloyd’s Rep 380 Jonathan Gaisman Q.C. leading David Edwards – Bill of lading – Jurisdiction clause – Article 17 – Application to set aside – Alleged damage to cargo – Disputes to be decided in Germany – Whether art. 17 applicable – Effect of art. 57 of the Brussels Convention and art. 7 […]

[1996] 2 Lloyd’s Rep. 585 Richard Southern – Charter-party (Voyage) – Jurisdiction – Injunction – Dispute under charter-party – Whether proceedings commenced by defendant in Algeria in respect of disputes which defendant agreed to arbitrate in London – Whether plaintiff submitted to jurisdiction of Algerian Court – Whether plaintiff entitled to interlocutory injunction restraining defendant […]

[1996] 2 Lloyd’s Rep 395 David Bailey – injunction – jurisdiction to serve out of the jurisdiction Practice – Jurisdiction – Order 73, r. 7 – Court made order for inspection of vessel and service of originating summons on defendants – Alleged failure to comply with order – Whether Court had jurisdiction to give leave […]

[1995] 1 WLR 1057 (C.A.) (No. 1) and [1995] 1 WLR 1067 (C.A.) (No.2) Timothy Saloman Q.C. and Robert Bright acted in a Jurisdiction dispute arising from worldwide Mareva injunction in aid of foreign proceedings. Injunction – Mareva injunction – Cross-undertaking in damages – Injunction discharged by consent – Inquiry into damages – Court’s discretion […]

[1995] 1 W.L.R. 299 David Bailey – Freezing injunction – scope – jurisdiction in relation to disclosure order Injunction – Mareva injunction – Jurisdiction – Arbitration award – Mareva injunction applying only to assets within jurisdiction but disclosure of assets worldwide required – Whether court having power to grant injunction to enforce arbitration award – […]

[1994] 1 Lloyd’s Rep. 656 Stephen Hofmeyr – Banking – Mareva injunction – Contempt – Notice of injunction given to plaintiff bank – Plaintiffs continued to operate account – Plaintiff under impression that injunction only applied if bank named in order or bank served with order – Whether plaintiffs in contempt. Practice – Mareva injunction […]

[1993] 1 Lloyd’s Rep. 523 Dominic Kendrick – Bill of lading – Jurisdiction clause – Stay of action – Damage to cargo – Vessel arrested and action brought in England -Disputes under bill of lading to be decided in Norway – Whether action should be stayed – Whether arrest should be continued

[1993] 1 Lloyd’s Rep. 41 Dominic Kendrick – Admiralty practice – Bail – Arrest of vessel – Shipowners domiciled in one of Contracting States of EC voluntarily gave bail to avoid arrest – Whether Admiralty Court deprived of jurisdiction to hear plaintiffs’ claim – Whether defendants submitted voluntarily to jurisdiction – Whether arrest valid

[1992] 1 Lloyds Rep. 353 – (Court of Appeal) Timothy Brenton – Freezing order, whether available in anticipation of a cause of action. Practice – Mareva injunction – Anticipatory breach – Sale of ship – Dispute referred to Arbitration – Plaintiffs anticipated breach of contract by buyers – Mareva injunction obtained ex parte to take […]

[1991] 2 Lloyd’s Rep. 374; [1991] 1 W.L.R. 917;[1991] 1 W.L.R. 633 Jonathan Gaisman and Alistair Schaff – Practice – Mareva injunction – Variation Practice – Mareva injunction – Discharge – Sale of ship – Dispute as to validity of contract – Mareva injunction obtained – Court ruled valid contract in existence – Remaining issues […]

[1989] 2 Lloyd’s Rep. 192 Alistair Schaff – Contract – Cancellation – Carriage by sea – Contract evidenced by booking note – Nominated vessel unlikely to arrive within laycan dates – Plaintiffs cancelled contract – Whether first or second defendants parties to and or personally liable on contract – Whether Mareva injunction should be varied

[1989] 2 Lloyd’s Rep. 319 Julia Dias – Practice – Mareva injunction – Stay of action – Default in repayments due under loan agreement – Plaintiffs claimed inter alia against second defendant as guarantors – Plaintiffs given leave to serve writ out of jurisdiction – Whether second defendant entitled to stay action – Whether Mareva […]

[1985] 2 Lloyd’s Rep. 496 Jonathan Gaisman – Arbitration – Delay in prosecuting – Injunction

[1987] 1 Lloyd’s Rep. 452 Charles Priday- Admiralty practice – Arrest and sale of vessel – Plaintiffs incurred costs in arresting and preserving vessel – Vessel sold and proceeds paid into Court – Whether plaintiffs entitled to payment out of funds in Court.

[1987] 2 Lloyd’s Rep. 164 Jonathan Gaisman – Admiralty practice – Arrest of ship – Application to set aside arrest

[1984] 1 All ER 265 Timothy Saloman – Solicitor – Lien – Retaining lien – Solicitor discharging himself in course of action – Non-payment of costs – Solicitor entering default judgment for amount of unpaid costs – Solicitor arresting client’s vessel to secure payment of costs – Client applying for order that papers in action […]

[1983] 1 Lloyd’s Rep. 29 Timothy Saloman and Jonathan Gaisman – Arbitration – Injunction – Delay in prosecuting claims in arbitration proceedings – Whether excessive delay in the conduct of the reference had brought the arbitration agreement to an end by virtue of repudiation, frustration or mutual abandonment – Whether injunction to restrain further conduct […]

[1982] 2 Lloyd’s Rep 255 Timothy Saloman – Admiralty practice – Damage to cargo – Arrest of vessel – Defendants denied ownership of vessel – Whether jurisdiction of Court could be invoked – Whether vessel beneficially owned by defendant – Whether writ and all subsequent proceedings should be set aside – Administration of Justice Act, […]