England and Wales Case Law

Paul Batt, R (on the application of) v The County Court at Central London

The Circuit judge failed to conduct a proper examination and effective determination of Ground 1 of the appeal, which raised a jurisdictional issue regarding the power to grant mandatory injunctions against a tenant under section 9A of the Landlord and Tenant Act 1985. This amounted to a fundamental departure from correct procedure and a frustration of the judicial process, constituting jurisdictional error and denial of a fair hearing. Judicial review must be allowed and the refusal of permission to appeal quashed.

Source excerpt

• Judicial review of refusal of permission to appeal
• Jurisdictional error
• Fair hearing
• Mandatory injunctions
• Fitness for human habitation
• Tenant obligations

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AirX Jet Support Limited & Anor v London Jet Centre (Stanstead) Limited & Anor

The High Court refused interim mandatory roof repairs for a hangar but ordered an independent expert inspection. It granted relief requiring best endeavours to restore gas heating.

• Interim injunctions
• Mandatory injunctions
• Repairing obligations
• Heating obligations
• Admissibility of expert evidence
• Interim-injunctions

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Century Property (Leeds) Limited v Eville & Jones (Group) Limited & Ors

Century Property was validly assigned the judgment debt and entitled to be substituted as claimant; mandatory injunctions and default provision were just and convenient to enforce the judgment debt against Dr Aldiss' pension fund, given his persistent non-compliance and absence of substantiating evidence for his objections.

Source excerpt

• Mandatory injunctions
• Substitution of parties
• Enforcement against pension funds
• Charging orders
• Default orders

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Eraaya Lifespaces Ltd v Elara Capital PLC & Ors

Eraaya Lifespaces Ltd v Elara Capital PLC & Ors [2025] EWHC 1506 (Comm) (18 June 2025)

The Commercial Court refused Eraaya’s mandatory injunction for release of $40 million bond proceeds, joined the bondholders, and addressed collateral use of disclosed materials.

• Interim injunctions
• Mandatory injunctions
• Trusts (express, quistclose, constructive)
• Bond issuance disputes
• Collateral use of documents
• Joinder of parties

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Century Property (Leeds) Ltd v Eville & Jones (Group) Ltd & Ors

Century Property (Leeds) Ltd v Eville & Jones (Group) Ltd & Ors [2025] EWHC 1348 (KB) (4 June 2025)

The High Court substituted Century Property as claimant and granted injunctions to enforce a judgment debt against Dr Aldiss’s pension fund, with a default execution provision.

• Mandatory injunctions
• Charging orders
• Assignment of judgment debt
• Pension fund enforcement
• Substitution of parties
• Judgment-enforcement

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HXZ v NMX

HXZ v NMX [2025] EWHC 916 (KB) (14 April 2025)

The High Court continued an interim injunction restraining alleged misuse of private information and harassment, and granted limited mandatory and case-management orders.

• Misuse of private information
• Interim injunctions
• Anonymity orders
• Harassment
• Mandatory injunctions
• Social media publication

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HXZ v NMX

The High Court continued an interim injunction protecting private information, ordered deletion and delivery up of images and posts, and refused to discharge the order.

• Misuse of private information
• Interim injunctions
• Anonymity orders
• Mandatory injunctions
• Social media publication
• Blackmail

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Berebon & Ors v The Shell Petroleum Development Company of Nigeria Ltd

Berebon & Ors v The Shell Petroleum Development Company of Nigeria Ltd [2025] EWHC 847 (TCC) (25 March 2025)

The High Court allowed an amendment to plead a mandatory injunction over oil-spill remediation, and admitted contested evidence and Nigerian law expert evidence for trial.

• Mandatory injunctions
• Act of state doctrine
• Foreign law evidence
• Expert evidence
• Pleading amendments
• Oil pollution

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King John Bari-Iyiedum Berebon & Ors v The Shell Petroleum Development Company of Nigeria Limited

Permission to amend the Particulars of Claim is granted as the issues raised, including the act of state doctrine and adequacy of clean-up, remain matters for trial and are not obviously bound to fail at this stage. Permission is also granted for claimants to rely on contested evidence and for defendant to adduce Nigerian law expert evidence, including subsequent developments affecting the statutory regime and mandatory injunctions.

Source excerpt

• Oil spill remediation
• Mandatory injunctions
• Act of state doctrine
• Foreign law evidence
• Expert evidence admissibility

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Manolete Partners PLC v White

Manolete Partners PLC v White [2024] EWCA Civ 1418 (15 November 2024)

The Court of Appeal held that a creditor could not use a mandatory injunction to force drawdown of an occupational pension to satisfy a judgment debt.

• Enforcement of judgments
• Occupational pension schemes
• Inalienability of pension rights
• Section 91 pensions act 1995
• Mandatory injunctions
• Third party debt orders

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