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England and Wales decisions
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The High Court refused an interim injunction in a dispute over alleged defamation, harassment, breach of confidence and unlawful interference.
Smith & Anor v Copestake [2026] EWHC 924 (KB) (22 April 2026)
The High Court dismissed an application for interim injunctions in a defamation, harassment and confidence claim, finding the claimants had not met the required thresholds.
The first and second defendants unreasonably delayed and restricted access to IT systems despite assurances, justifying claimants' preparation of the injunction application up to 20 November 2024. However, claimants' subsequent conduct in filing the application after access was restored was unnecessary and disproportionate, warranting a split costs order. VITS and Bangher, as service providers acting on instructions, had no serious issue to be tried and claimants must pay their costs.
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Parkhouse & Anor v Sutcliffe & Ors [2025] EWHC 482 (Comm) (06 March 2025)
The High Court determined costs of an interim injunction application over access to IT and telecoms after a demerger, awarding costs on a split basis.
Eva Green did not, on 22 September 2019 or thereafter, evince a clear and unequivocal intention not to perform her obligations under the Artist Agreement. Reasonable persons in the position of White Lantern's directors would not have understood her to have renounced the contract. There was no acceptance of any alleged renunciation, nor any repudiatory breach. The Defendants' tort claims were dependent on establishing a renunciation, which was not proved. Eva Green is entitled to the contractual fee under the 'pay or play' clause.
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Costa v Dissociadid Ltd & Anor [2023] EWHC 49 (IPEC) (16 January 2023)
The court dismissed Mr Costa’s application for a wasted costs order against his former counsel and solicitors, finding the challenged conduct was not improper, unreasonable, or negligent.
Credico Marketing Ltd & Anor v Lambert & Ors (Costs) [2022] EWHC 2114 (QB) (08 August 2022)
The High Court postponed deciding costs of the Speedy Trial until after damages for breach of clause 21.1 are assessed, and refused an interim payment.
The High Court postponed deciding trial costs until damages for breach of clause 21.1 are assessed, and refused any interim payment on account.
Credico Marketing Ltd & Anor v Lambert & Ors (Costs) [2022] EWHC 2114 (QB) (08 August 2022)
The High Court postponed deciding costs after the Court of Appeal changed the balance of success, and refused any interim payment on account.
The High Court ruled on disclosure in a commercial cyber-tort claim, refusing a proposed Issue 5(a) as too broad and not pleaded, while allowing and narrowing several Model C disclosure requests.
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