Injunctions update – Summer 2015

This article was produced by Olswang LLP, which joined with CMS on 1 May 2017.

Have you missed our recent posts on the Injunctions Blog? Catch up with some of them below.

In no uncertain terms

In the much-publicised case of Rhodes (formerly MLA) v OPO, the Supreme Court emphasised that injunctions must be in terms sufficiently specific to “leave no uncertainty” about what the target is or is not permitted to do. We consider the decision here.

Supreme Court hearing on meaning of “assets” in standard form freezing order

On 28 and 29 July 2015, a panel of five Justices of the Supreme Court heard an appeal concerning whether choses in action, such as a right to borrow money in accordance with a loan facility agreement, are “assets” within the meaning of the standard form freezing order, and whether they are subject to any restraint on dealing or exercise prior to trial. See our blog post here.

CJEU finds anti-suit injunctions in arbitral awards compatible with the Brussels Regulation

The Court of Justice of the European Union has published a much-anticipated decision confirming that the original Brussels Regulation does not compel the courts of an EU Member State to refuse to enforce an arbitral award which contains an anti-suit injunction. We consider here the implications of the decision and why the issue is likely to come back before the CJEU in the future.

CJEU rules on the availability of injunctive relief for owners of standard essential patents

The Court of Justice of the European Union has handed down a decision on the availability of injunctive relief for owners of standard essential patents (in this case, telecoms patents) bringing infringement proceedings. We discuss the decision on the blog here.

Bespoke interim injunction to protect confidential information and IP

In granting a bespoke interim injunction to protect confidential information and intellectual property, the High Court has considered the application of the American Cyanamid test where it was argued that the grant of an interim injunction would effectively dispose of the action. We consider the case, and the interesting points it raises for practitioners, here.

High Court grants privacy injunction to professional sportsman and his wife

We considered a (now) comparatively rare example of an injunction being sought and granted in a privacy claim against a newspaper - to our knowledge, only the the fourth privacy injunction obtained against the media in the last two and a half years. See our blog post here.

The Injunctions Blog

Olswang have launched a blog to report on the important and developing area of injunctions: http://theinjunctionsblog.com. We post on the blog a report of every significant case or development concerning injunctions in England and Wales and similar news from other jurisdictions around the world. You can sign up for email alerts at http://theinjunctionsblog.com.