Garbhan Shanks and Harriet Stokes highlight the use of a rare form of injunctive relief ‘Where a party is aware that proceedings against it have been brought in breach of a jurisdiction or arbitration agreement, the first port of call should rightly be to apply for an anti-suit injunction.’In cross-border litigation and arbitration it is …
Continue reading "Injunctions: You snooze, you lose – anti-enforcement injunctions in the English courts"
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Wills & Trusts Law Reports | September 2015 #152The defendants applied for an order summarily terminating the claimant’s application for an order under s10 of the Inheritance (Provision for Family and Dependants) Act 1975 (the Act) without trial.
J was a well-known, successful property dealer who died on 28 October 2012 worth a large fortune. The claimant (C) was his widow and had married J in 1997 following ten years’ cohabitation. They lived a high lifestyle. J had been married previously and had nine children; two children with C, four children from a previous marriage (D1, D2, D3 and D...
Andrew Keltie, Henry Garfield and Andrew Matheson review recent case law on contempt Allegations of contempt often require the applicant to prove to the criminal standard of proof that an individual has lied or deliberately misled the court. The Court of Appeal recently had some damning words for Kazakh businessman Mukhtar Ablyazov in his unsuccessful …
Continue reading "Contempt Of Court: All bark and no bite?"
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Luke Pearce examines the impact of a recent judgment on anti-suit injunctions and vexatious conduct ‘It was necessary, in order to grant a non-contractual anti-suit injunction, to be satisfied of two conditions: first, that England was the natural forum for the resolution of the dispute; and secondly that the conduct of JFC was vexatious, oppressive …
Continue reading "Injunctions: Parties behaving badly"
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