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England and Wales decisions
Decisions matching the current search
The claimant's conduct, including failure to provide full and frank disclosure, delay in making the application, and not informing the court of material facts, was out of the norm and justifies an order for indemnity costs.
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The Commercial Court granted Nexedge permission to enforce a cross-undertaking in damages after a freezing injunction was discharged as wrongly obtained.
Permission to serve out is set aside for most claims due to failure to meet the merits test, inadequate pleading, lack of evidence of acts within the UK, and material non-disclosure. However, permission is re-granted for (1) the NDA claim against Exxeta, (2) breach of equitable duties of confidence by the corporate Defendants, and (3) the Trade Marks Act claim against E-Star, as these claims meet the merits test and England is the appropriate forum for them. The Copying Case, most statutory IP claims, and claims against Mr Schmid fail the merits test. Material non-disclosure occurred but is r…
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The court found a good arguable case that an oral contract exists and that England is the appropriate forum, but the tort claims do not meet the serious issue to be tried threshold. The Permission Order is upheld for the contract claim but varied to exclude tort claims. No deliberate failure in full and frank disclosure was found, so the Permission Order is not set aside in full.
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Durnont Enterprises v Fazita Investment Ltd & Ors [2026] EWHC 1224 (Ch) (18 May 2026)
Consequentials hearing in a derivative claim: indemnity costs, joint and several liability, interim payment, security for costs, and permission to appeal.
The High Court continued part of an interim injunction under the Protection from Harassment Act 1997 and dismissed the defendant’s application to discharge it.
High Court case on an ex parte imaging order over an employee’s devices and cloud accounts, with partial variation of the order and refusal of direct claimant access to the imaged material.
Vertical Aerospace Group Ltd v Ngoma [2026] EWHC 1096 (KB) (08 May 2026)
The High Court upheld an imaging order against a former employee joining a competitor, but narrowed overbroad information-provision requirements and rejected discharge.
The worldwide freezing injunction was discharged because the claimant failed to meet the duty of full and frank disclosure, did not fairly present material facts, and did not establish a real risk of asset dissipation. The property in question was not under the defendant's control, and the claimant's representations were misleading. The notice requirements under CPR were not properly satisfied, and the order extended beyond what was justified by the evidence.
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MHP Food UK Ltd v Sanson Foods Ltd & Ors [2026] EWHC 619 (Comm) (23 March 2026)
The High Court refused to discharge freezing and proprietary injunctions over alleged misuse of frozen chicken stock, finding a good arguable case and real risk of dissipation.
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