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Injunctions


Members of Chambers have extensive experience of obtaining and resisting injunctions, both in substantive disputes and to restrain foreign proceedings.  Their experience in this type of work reaches across all areas of commercial law, from civil fraud, where they are frequently involved in obtaining freezing and proprietary injunctions, to shipping, where they are accustomed to working with foreign lawyers to procure the arrest of vessels and other maritime property abroad, as well as securing vessels’ release from arrest.

Members, at both silk and junior level, are particularly skilled in seeking and obtaining urgent interim injunctions, frequently on a ‘without notice’ basis, and providing related advice.  The need for an anti-suit injunction will typically arise in cases involving complex conflict of laws / jurisdiction issues, and members are experienced in working as part of an international legal team to make such applications in parallel with applications to stay proceedings abroad.

Examples of types of injunctions frequently obtained include:

  • Anti-suit injunctions
  • Freezing injunctions (domestic and worldwide)
  • Proprietary injunctions
  • Other interim injunctions (mandatory and prohibitory)

Leading cases

Examples of recent or high profile cases in which Members of Chambers have been involved are:

  • Harcus Sinclair LLP v Your lawyers Ltd [2019] EWCA Civ 335
  • HSBC Bank PLC v Pearl Corp [2019] EWCH 231 (comm)
  • Impala Warehousing and Logistics (Shanghai) Co Ltd v Wanxiang Resources (Singapore) Pte Ltd. [2015] EWHC 811 (Comm) (Simon Picken QC and Jawdat Khurshid acted for the claimant warehouse company seeking an anti-suit injunction preventing the defendant from pursuing proceedings in the Shanghai).
  • Republic of Djibouti v. Boreh [2015] EWHC 769 (Comm) (Dominic Kendrick QC and Keir Howie acted for Mr Boreh in applying to set aside a freezing injunction and proprietary injunction)
  • Orb a.r.l and Ors v Andrew Joseph Ruhan [2015] EWHC 830 (Comm) (James Drake QC, Sarah Martin & James Goudkamp appeared for the Orb Parties seeking the discharge or variation of a worldwide freezing injunction. Richard Waller QC, Tim Jenns and Andrew Pearson acted for the Defendant.)
  • Crescendo Maritime Co. v. Bank of Communications Co. Ltd [2015] EWHC 3364 (Comm) (David Bailey QC and Marcus Mander acted for the Claimant in its successful application for an anti-suit injunction to restrain proceedings brought in China).
  • Insurance Company of the State of Pennsylvania v. Equitas Insurance Ltd [2014] Lloyd’s Rep. IR 195 (Rebecca Sabben-Clare QC acted for the claimant and Alistair Schaff QC for the defendant in this case involving parallel proceedings in England and New York in which the defendant sought an anti-suit injunction).  
  • Blue Holdings v United States of America [2014] EWCA Civ 1291 (Christopher Butcher QC acted for the successful appellants in this Court of Appeal hearing from an order continuing an interim freezing injunction).
  • PJSC Vseukrainskyi Aktsionernyi Bank v Sergey Maksimov [2013] EWHC 422 (Comm) (Sandra Healy appeared for non cause of action corporate defendants in an application to discharge a freezing order).
  • Jewel Owner Ltd v Sagaan Developments Trading Ltd. [2012] 2 Lloyd’s Rep. 672 (Sandra Healy acted for a bunker supplier in a successful application to discharge an anti-suit injunction).
  • Oceanconnect UK Ltd & Anor. v Angara Maritime Ltd [2011] 1 Lloyd’s Rep 399. David Bailey QC and Emma Hilliard appeared in the Court of Appeal for the successful appellants in an appeal from the decision to grant an anti-suit injunction.
  • The “Front Comor [2008] 2 Lloyd’s Rep. 661 – seminal case on the effect of the Brussels Convention on the jurisdiction of the English courts to grant anti-suit injunctions (Timothy Brenton QC and David Bailey QC)

 

 

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