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Commerce Commission v Unknown Defendant(s)
[2019] NZHC 2609
Citation 1
…solution, arises from treating newcomer injunctions as a particular type of conventional injunction inter partes, subject to the usual requirements as to service. The logic of that approach has led to the conclusion that persons affected by the injunction only become parties, and are only enjoined, in the event th…
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Chief Executive Officer of the Australian Customs Service v Karam
[2011] NSWCA 224
Citation 2
…v Askew (1983) 127 Sol Jo 597, concerned with picketing; EMI Records Ltd v Kudhail [1985] FSR 36, concerned with copyright infringement; and Heathrow Airport Ltd v Garman [2007] EWHC 1957 (QB), concerned with environmental protesters. However, there are a number of principles which restrict the circumstances in which…
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Fourie v Le Roux
[2007] UKHL 1
Citation 3
…njunctions As Lord Scott of Foscote commented in Fourie v Le Roux [2007] UKHL 1; [2007] 1 WLR 320, para 25, in a speech with which the other Law Lords agreed, jurisdiction is a word of some ambiguity. Lord Scott cited with approval Pickford LJ’s remark in Guaranty Trust Co of New York v Hannay & Co [1915] 2 KB 5…
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Cardile v LED Builders Pty Ltd
[1999] HCA 18
Citation 4
…v Egleton [2006] EWHC 2313 (Ch); [2007] Bus LR 44; [2007] 1 All ER 606 ). Another exception is the Norwich Pharmacal order, which is available where a third party gets mixed up in the wrongful acts of others, even innocently, and may be ordered to provide relevant information in its possession which the applican…
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Brown and Murdoch and Ors (No. 2)
[2014] FamCA 618
Citation 5
…] EWHC 2313 (Ch); [2007] Bus LR 44; [2007] 1 All ER 606 ). Another exception is the Norwich Pharmacal order, which is available where a third party gets mixed up in the wrongful acts of others, even innocently, and may be ordered to provide relevant information in its possession which the applicant needs in order to…
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Her Majesty's Attorney General (Respondent) v Crosland (Appellant)
[2021] UKSC 58
Citation 6
…[2022] 1 WLR 367. Like reporting restrictions, such orders are not equitable injunctions, but they are relevant as further examples of orders directed against non-parties. (vi) The effect of injunctions on non-parties We have focused thus far on the question whether an injunction can be granted against a non-part…
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Her Majesty’s Attorney General (Applicant) v Crosland (Respondent)
[2021] UKSC 15
Citation 7
…[2021] 4 WLR 103 and [2021] UKSC 58; [2022] 1 WLR 367. Like reporting restrictions, such orders are not equitable injunctions, but they are relevant as further examples of orders directed against non-parties. (vi) The effect of injunctions on non-parties We have focused thus far on the question whether an injunct…
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Cameron (Respondent) v Liverpool Victoria Insurance Co Ltd (Appellant)
[2019] UKSC 6
Citation 8
…format equally consistent with their being designated by name or by description. As was explained earlier, the claims in the present case were brought under Part 8 of the CPR. CPR rule 8.2A(1) provides that a practice direction “may set out circumstances in which a claim form may be issued under this Part withou…
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Cartier International AG and others (Respondents) v British Telecommunications Plc and another (Appellants)
[2018] UKSC 28
Citation 9
…British Telecommunications plc [2018] UKSC 28; [2018] 1 WLR 3259, para 15; the anti-suit injunction (and its offspring, the anti-anti-suit injunction), which has become an important remedy as globalisation has resulted in parties seeking tactical advantages in different jurisdictions; and the related injunction…
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Barton v Wright Hassall LLP
[2018] UKSC 12
Citation 10
…tant is that it is a general requirement of justice that proceedings should be brought to the notice of parties whose interests are affected before any order is made against them (other than in an emergency), so that they have an opportunity to be heard. Service of the claim form on the defendant is the means by…
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Wrexham County Borough Council v Berry
[2003] UKHL 26
Citation 11
…k LJJ agreed, stated that each of the appellants became a party to the proceedings when she did an act which brought her within the definition of defendant in the particular case. Ms Gammell had therefore already become a defendant when she stationed her caravan on the site. Her proper course (and that of any new…
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Abela & Ors v. Baadarani
[2013] UKSC 44
Citation 12
…effected, as we think it should be, then it is unnecessary to carry out the preliminary exercise of classifying cases as falling into either the first or the second of Lord Sumption’s categories. We also have reservations about the theory that it is necessary, in order for service to be effective, that the defend…
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The Financial Services Authority (FSA) v Sinaloa Gold plc & Ors
[2013] UKSC 11
Citation 13
…ocal authorities, or some of them, would prefer to offer a cross undertaking rather than be deprived of the injunction. The appellants’ final main point was that it would always be impossible when considering the grant of an injunction against newcomers to conduct an individualised proportionality analysis, becau…
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Secretary of State for Environment, Food, and Rural Affairs v Meier & Ors
[2009] UKSC 11
Citation 14
…respass by the occupying Travellers and sought an order for possession of the occupied sites. More unusual (and ultimately unsuccessful) was the application for an order for possession against the Travellers in respect of other land which was wholly detached from the land they were occupying. This was wrong in pr…
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Broad Idea International Ltd v Convoy Collateral Ltd (British Virgin Island)
[2021] UKPC 24
Citation 15
…onvoy Collateral Ltd v Broad Idea International Ltd [2021] UKPC 24; [2023] AC 389 (“ Broad Idea ”), para 57. The breadth of the court’s power is reflected in the terms of section 37(1) of the 1981 Act, which states that: “The High Court may by order (whether interlocutory or final) grant an injunction or appoint…