Civil Fraud and Asset Tracing Notes

Privy Council restatement of the law on freezing and other interim injunctions

High Court considers location of cryptocurrencies and compels disclosure by cryptocurrency exchanges outside the UK

Court of Appeal finds claimant breached search order by keyword searching and considers interplay between search and imaging orders

In a recent decision the Court of Appeal has re-emphasised that the purpose of a search order (formerly known as an Anton Piller order) is to preserve …

Post-judgment worldwide freezing order granted against defendant who had advanced a fabricated defence at trial

In the case of GML International Ltd v Harfield [2020] 7 WLUK 362, the High Court granted a post-judgment worldwide freezing order against a judgment …

Court of Appeal clarifies whether a fledgling business can be pursued when a freezing injunction has been ordered

High Court grants proprietary injunction against Bitcoin exchange holding proceeds of ransomware attack

The High Court has held that cryptoassets (in this case Bitcoin) can be treated as property under English law. As such, the owner of a cryptoasset can, …

High Court applies high threshold test to injunctions against public bodies

In a recent decision, the High Court rejected an application for an interim injunction restraining publication of a decision to impose sanctions on an …

Notable increase in interim privacy injunctions sought and obtained in the second half of 2017

In March 2018, the Ministry of Justice published quarterly provisional civil justice statistics for England and Wales. These statistics include …

Court of Appeal finds third party who conspired with defendant to breach freezing order could be liable for tort of conspiracy to injure by unlawful means

In a claim by JSC BTA Bank against the son-in-law of its former Chairman alleging conspiracy to injure by unlawful means, the Court of Appeal held that …

Springboard injunction granted for misuse of confidential information relating to production process

The High Court has recently considered when, and for how long, injunctive relief should be granted as a remedy for breach of confidence: Kerry …

Supreme Court considers whether an injunction can still serve a useful purpose if defeated in part

The Supreme Court has today allowed an appeal by a celebrity (PJS) seeking an injunction preventing publication of details of his private life, by a …

Upcoming webinars: freezing orders, class actions and contracts

Over the next few weeks we will be delivering a number of disputes-related webinars for Herbert Smith Freehills clients and contacts, including …